NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1176 of 2019

1. Murlidhar, S/o Ramadhar Panda, aged about 22 Years, R/o Village Chhapora, P.S.- Malkharoda, District- Janjgir-Champa, Chhattisgarh............(Driver of the Vehicle No. CG-04, E-3546), 2. Sumit Agarwal, S/o S. K. Agarwal, aged about 35 Years, R/o Village Sarwa, P.S.- And Tahsil Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh........... (Owner of the Vehicle No. CG-04, E-3546)...........(Non-Applicant No. 1 and 2)

-------- Appellants Versus

1. Chandrakant Mishra, S/o Late Radhwallabh Mishra, aged about 49 Years, R/o Village Navagarh, Police Station And Tahsil Navagarh And District- Janjgir-

Champa, Chhattisgarh

2. Shashikant Mishra, S/o Late Radhawallabh Mishra, aged about 46 Years, R/o Village Navagarh, Police Station And Tahsil Navagarh And District- Janjgir-

Champa, Chhattisgarh

3. Suraj Bai, Wd/o Late Radhawallabh Mishra, aged about 60 Years, R/o Village Navagarh, Police Station And Tahsil Navagarh And District- Janjgir-Champa, Chhattisgarh

4. Chola Mandalam M.S. General Insurance Company Ltd. F-7/8 Rajeev Plaza Gerden Side, Bilaspur, District- Bilaspur, Chhattisgarh.- 495001..............(Insurer Of The Vehicle No. C.G.-04, F-3546)

------ Respondents ___________________________________________________________________

For Appellant : Ms. Amrita Sharma, Advocate.

For Respondent No.4 : Shri Harashmander Rastogi, Advocate appeared on behalf of Shri N.K.Thakur, Advocate.

___________________________________________________________________

Hon'ble Shri Justice Sachin Singh Rajput

Order on Board

10 /04/2024

1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’)

has been filed by the Driver and owner of the offending vehicle Truck bearing registration No. CG-04-E-3546 being aggrieved by the award dated 27/03/2019 passed in Claim Case No. 139/2018 by the Ist Additional Motor Accident Claims Tribunal, Balodabazaar (C.G.).

2. By the impugned award against a claim of Rs.22,33,000/-, the learned Tribunal has awarded Rs.03,76,000/- with 7% interest per annum in favour of the respondents / claimants holding the appellants/driver and owner liable to pay compensation exonerating the Insurance Company on the ground that the driver of the offending vehicle was not holding valid and effective driving license. Challenge in the appeal is on the ground that the driver had valid driving license, photo copy of which is also on record. However, the same could not be prove by cogent and prudent evidence.

3. Learned Counsel for the appellant submits that initially the license was issued to the driver of the offending vehicle in the year 2007. The license to drive transport vehicle was issued in the year-2009 and the accident had occurred on 05/09/2011 and the driving license to drive transport vehicle is issued for a period of 03 year in clause (a) of sub-section 2 of section 14 of the MV Act. Meaning thereby on the date of accident, the driver had valid and effective driving license. Therefore, the appeal may be allowed and the Insurance Company may be held liable to pay compensation.

4. Learned counsel for respondent No.4 / Insurance Company supports the award and submits that the Tribunal gave a categorically finding that the driver of the offending vehicle was not holding valid and effective driving license. Even otherwise, the photo copies had not been verified by the Insurance company which is required to be proved by cogent and prudent evidence which the appellant had failed to prove.

5. Heard learned counsel for the parties, considered their rival submissions and also perused the record with utmost circumspection.

6. The learned Tribunal exhibited the driving license of the appellant/driver as D-1 C.

Prima facie it indicates that the driver had license to drive transport vehicle which was issued from 18/02/2007 and LMV which was issued on 16/07/2007 and motorcycle with gear was issued on 16/07/2007. The section 14 of the MV Act is here in below:

14. Currency of lice