IMPORTANT POINT
Accident - Compensation - Matter to be decided afresh as mother of deceased, an illiterate lady, could not produce licence at proper stage and matter by tribunal was decided accordingly.

CM No. 13769-CII of 1999

UMA NATH SINGH, J. (ORAL)

1. Heard learned for the parties and perused the application. On due consideration, the application is allowed for the reasons given therein and the appellant is permitted to place on record the additional evidence as indicated in the application.

FAO No. 2495 of 1999 :

2. This FAO arises out of an award dated 04.12.1998, passed by learned Presiding Officer, Motor Accident Claims Tribunal, Faridkot, in M.A.C. Case No. 3 of 29.01.1997, awarding a sum of Rupees 50,000/- as no fault liability, against a claim of Rs. 10 lacs in a death case.

3. On the date of accident i.e. 17.7.1996, Jaswinder Singh was driving a Maruti Van (No. PB04-G-9538) which allegedly struck against a tree due to bursting of its tyre. As a result, the deceased Driver lost the control of the vehicle and succumbed to multiple injuries including the one on his head. The police recorded a DDR. The claimant filed a petition for compensation of Rs. 10 lacs on the ground that the Policy Cover note also included the Driver besides four passengers of the vehicle. During the arguments, the Insurance Company took a plea that the insurance cover did not cover the Driver of the vehicle. However, on a careful perusal of the policy Note (Ex.P1) and also the original document of policy produced in the Court, it appears that the Driver of the vehicle stands covered by its terms and conditions. Moreover, from the analysis of the evidence produced before the Tribunal, it seems that the findings are primarily founded upon the factum of the absence of driving licence on the date of accident on 17.7.1996. The claimant who is the mother of the deceased is an illiterate lady. She could not find out the driving licence of the deceased, during the proceedings before the Tribunal. After the passing of the award, the licence was traced out and it was found that the date of its issuance was 21.12.1993. The licence, was valid for 20 years i.e. upon 1.02.2003. The accident being dated 17.7.1996 obviously took place within the validity period of the licence.

4. Under the circumstances, in the interest of justice, the impugned award is hereby set-aside and the case is remitted to the Tribunal for afresh consideration, in view of the production of the driving licence of the deceased on record of this Court. The Tribunal/Additional District Judge, Faridkot, shall dispose of the trial of the claim within a period of two months from the receipt of this order.

5. Let the case record with a copy of this order be transmitted to the Court concerned forthwith. The counsel shall appear on the date to be fixed by the Tribunal.

6. This FAO is disposed of in terms of the aforesaid directions.