Jagir Singh Vs Brightway Contractores and Developers and Others

For the reasons recorded in the application, this Court is satisfied that the applicant/appellant has made out a sufficient cause for condonation of delay.

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Consequently, the present applications are allowed. The delay of 102 days in re-filing and 223 days in filing the instant appeal, is hereby condoned.

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Main Appeals

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These are two appeals directed against award dated 08.07.2019 passed by MACT, Amritsar, pertaining to the same accident.

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FAO No.6222 of 2023 is at the best of the insured. FAO No.1851 of 2020 has been preferred by the claimant.

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FAO No.6222 of 2023

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The insured is aggrieved of recovery rights awarded by the Tribunal against him for want of valid driving licence. Along with the appeal, an application has been filed under Order XLI Rule 27 CPC for leading evidence to prove valid driving licence possessed by respondent No.2, driver of the offending vehicle, namely Rajan Kumar.

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On 22.01.2026 following order was passed:

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DEEPAK KUMAR 2026.02.24 18:08 I attest to the accuracy and integrity of this document

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FAO No.1851 of 2020 (O&M) and 3 other connected appeal

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“Counsel representing respondent No.3/Insurance Company submits that the insurer is already in process of verifying the driving licence produced on record by the appellant, invoking Order XLI Rule 27 CPC. He prays for time to furnish the verification report.

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On his request, adjourned to 19.02.2026.

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To be shown in the Urgent List.”

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Today, Mr. Bhardwaj informs the Court that the licence possessed by respondent No.3 Rajan Kumar, has been found to be valid. He however submits that the offending vehicle was being plied without valid permit. Yet, there is no evidence led by the insurer to prove the same.

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In view of aforesaid conceded position, this Court finds that the findings recorded by the Tribunal on Issue No.4, cannot be sustained. The same are hereby set aside.

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A fortiori thereof, findings recorded by the Tribunal on Issue No.5 granting recovery rights to the insurer cannot be sustained.

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In view of above, the present appeal filed by the insured is allowed.

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FAO No.1851 of 2020

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Keeping in view that the claim petition filed under Section 163-A of the Motor Vehicles Act, 1988 and it is a case wherein a 19 year old young man lost his life, the compensation awarded by the Tribunal, is enhanced to Rs.5,00,000/- i.e., the maximum that can be awarded under the Schedule.

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DEEPAK KUMAR 2026.02.24 18:08 I attest to the accuracy and integrity of this document

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FAO No.1851 of 2020 (O&M) and 4 other connected appeal

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