Partly allowed

National Insurance Co.Ltd. v. Azmat Begum and Ors.

J&K HC6 Sept 2021APCIV/32/2017

Case brief

AI extract

What is this about?

Upon hearing an application for re-hearing of an earlier appeal regarding motor accident compensation, the High Court recalled an order allowing recovery from the owner, remanding the case to the Tribunal to afford opportunity for both parties to lead evidence on the validity of the driver's license.

What did the court decide?

Application allowed to a limited extent; order recalled to extent it allowed recovery against owner; case remanded to Tribunal for fresh evidence on issue No.3 regarding driving license.

National Insurance Co.Ltd. Vs Azmat Begum and… — Contract and Commercial Disputes | J&K HC (2021)

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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APCIV No.32/2017 IA Nos.1/2017 & 1/2018

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National Insurance Company Limited

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...Appellant/Non-applicant(s)

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Through:- Mr. Rajesh Kumar, Advocate

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V/s

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Azmat Begum and others

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...Respondent/applicant(s)

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Through:- Mr. R.K.Bhatia Advocate for R-8 & 9

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Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

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ORDER

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Respondent Nos. 8 and 9 have filed the instant application seeking re-hearing of the appeal (CIMA No.535/2010), which has been decided by this Court in terms of judgment and order dated 21.12.2016.

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Before coming to the merits of the instant application, let me give a brief background of the facts leading to the filing of this application.

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It appears that the claimants/respondent Nos. 1 to 7 herein filed a claim petition against the appellant-Insurance Company and respondent Nos. 8 & 9, applicants herein, before the Motor Accident Claims Tribunal, Jammu claiming therein compensation on account of death of their kin, namely, Mohd.Faiz Khan , who died in a road traffic accident, which took place on 02.05.2004. At the relevant time, the offending vehicle bearing

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2 APCIV No.32/2017

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Regd. No. JK13-1339, was being driven by applicant Mohd. Yousaf whereas applicant Mohd. Yaqoob happened to be its owner. The vehicle in question was insured with the appellant-Insurance Company at the relevant time.

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The applicants herein i.e. owner and driver of the offending vehicle did not contest the claim petition and after the trial of the claim petition, the Tribunal awarded compensation in the amount of Rs.3,39,000/- along with interest @7.5% per annum in favour of the claimants to be payable by the appellant-Insurance Company.

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The aforesaid award dated 29.01.2010 passed by the Tribunal came to be challenged by the appellant-Insurance Company before this Court by way of an appeal registered as CIMA No.535/2010. A Single Judge of this Court decided the said appeal vide judgment and order dated 21.12.2016. The appeal was partly allowed and while upholding the quantum of compensation awarded by the Tribunal in favour of the claimants, this Court came to the conclusion that the driver of the offending vehicle was not holding a valid and effective driving licence at the time of the accident and as such, appellant-Insurance Company was entitled to recover the awarded sum from the owner of the vehicle i.e. respondent No.8/applicant. It is in these circumstances that the applicants have moved this application seeking recall of the aforesaid order and judgment.

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I have heard learned counsel for the parties and perused the record of the case.

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3 APCIV No.32/2017

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Learned counsel for the applicants has placed on record a copy of the driving license of applicant-Mohd. Yousaf, which reflects that he was authorized to drive a transport vehicle at the time of the accident and that his driving licence was valid and effective. He has also placed on record certificate of verification issued by the Assistant Regional Transport Officer, Baramulla verifying the authenticity of the driving license of applicant Mohd. Yousaf.

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Thus, prima facie, it appears that the driver of the offending vehicle was having a valid and effective driving licence as on the date of the accident, but because the applicants did not put up their case either before the Tribunal or before the appellate Court, as such, they were prevented from placing these documents on record in order to establish that the driver of the offending vehicle was holding a valid and effective driving licence at the relevant time.

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In the aforesaid circumstances, interests of justice demand that the order dated 21.12.2016 passed by this Court to the extent it allows the right of recovery to the appellant-Insurance Company against the applicantowner is recalled and a chance is given to him to establish before the Tribunal that the driver of the offending vehicle was holding a valid and effective driving licence as on the date of the accident.

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Accordingly, the application is allowed to the aforesaid extent and the case is remanded to the Motor Accident Claims Tribunal, Jammu with a direction to afford an opportunity to the applicant/owner and the appellantInsurance Company to lead evidence in support of their respective

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4 APCIV No.32/2017

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contentions as regards issue No.3 framed by the Tribunal, whereafter the Tribunal shall, on the basis of evidence that may be led before it, pass a fresh finding on the aforesaid issue and decide the claim petition accordingly.

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( Sanjay Dhar) Judge

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Jammu 06.09.2021 Vinod. Whether the order is speaking :Yes Whether the order is reportable: Yes

National Insurance Co.Ltd. v. Azmat Begum and Ors.

Case brief

What is this about?

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National Insurance Co.Ltd. v. Azmat Begum and Ors.

Case brief

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What did the court decide?

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