Partly allowed

Amar Singh Chhawra and 3 Others v. Santosh Kumar and Another

Allahabad HC16 Oct 2019FAFO/2326/2019

Case brief

AI extract

What is this about?

The High Court partly allowed an appeal challenging a Motor Accident Claims Tribunal award. It set aside the recovery amount subject to guidelines, directing parties to prove the owner's knowledge of the driver's lack of valid license or doctor the appeal as to the extent of recovery. The matter is remanded for further proceedings.

What did the court decide?

Recovery from the appellant-owners stayed subject to proof of their knowledge regarding the driver's license status before the Tribunal by December 31, 2019.

Amar Singh Chhawra and 3 Others Vs Santosh Kumar and… — Motor Accident Claims | Allahabad HC (2019)

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Court No. - 33

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Case :- FIRST APPEAL FROM ORDER No. - 2326 of 2019

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Appellant :- Amar Singh Chhawra And 3 Others Respondent :- Santosh Kumar And Another Counsel for Appellant :- Dharmendra Kumar Tripathi Counsel for Respondent :- V.C. Dixit,V.C.Dixit,Vipin Chandra Dixit

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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On a very short point, this appeal can be disposed of.

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This appeal challenges the judgment and award dated 7.3.2006 passed by Motor Accident Claims Tribunal/Additional District Judge, Etah (hereinafter referred to as 'Tribunal') in M.A.C. No.372 of 1997 awarding a sum of Rs.15,000/- with interest at the rate of 5% in favour of the claimants.

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During the pendency of the litigation, the appellants herein were the heirs of late Amar Singh, owner of the Truck-UGR909 were made party and the owner of the said vehcile namely father of Surendra Chhawra and Pappu Chhawra had passed away and all the appellants being 1/1, 1/2 and 1/3 were made party. However, the matter was decided ex parte against them. They did not have knowledge of the litigation and they filed a recall application at the direction of High Court in Writ Petition (C) No.49429 of 2007. However, the said recall application was dismissed.

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It is submitted that the matter was heard ex parte. In the impugned order, the licence was valid and effective till 1.4.1997. The driver applied for renewal of licence and the father of the appellants was under a bona fide belief that the driver was having proper driving licence.

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Be that as it may, this High Court in FAFO No. 543 of 1996 (Oriental Insurance Co.Ltd. vs. Smt. Kanta Rani and another) vide order dated 17.7.2019 directed the parties to go before the Executing Court and prove its case. The reasoning being it is not proved on record that the owner of the vehicle knew that the driver of the vehicle was aware that the driver did not have proper driving licence and that he was solely responsible for that the driver had no driving licence.

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From the record, it is nowhere pointed out that the driver had not applied for renewal of licence. From the record, it is not known whether the deceased owner was aware whether the

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document was not having proper driving licence. In absence of such finding or rather discussion to that, recovery rights subject to the guidelines given by the Apex Court in Kalim Khan and others Vs. Fimidabee and others, AIR 2018 SC 3209 and Ram Chandra Singh vs. Rajaram and others, AIR 2018 SC 3789 are granted. This exercise be completed by 31st December, 2019 if the respondent still chooses to recover the said amount from the owner, they may prove the same before the Tribunal.

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The parties shall appear before the Tribunal and lead their evidence as narrated herein above.

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With this observation, this appeal is partly allowed and disposed of likewise.

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Order Date :- 16.10.2019 LN Tripathi

Amar Singh Chhawra and 3 Others v. Santosh Kumar and Another

Case brief

What is this about?

What did the court decide?

Amar Singh Chhawra and 3 Others v. Santosh Kumar and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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