Gangamma vs Madan Kumara and The Manager Iffco Tokio General Insurance Co. Ltd.

S. Abdul Nazeer, J.—The owner of the offending vehicle namely Tractor trailer bearing Registration No. KA-06-TA-8411:8412 has filed this appeal challenging the judgment and award in MVC No. 502/2011 dated 11.07.2012 on the file of the Court of Fast Track-I & Addl. MACT, at Tumkur, whereby the Court below has awarded total compensation of Rs. 1,74,000/- with interest at 6% per annum from the date of petition till the date of deposit in favour of the claimant- 1st respondent. Learned counsel for the appellant would contend that the Court below has fastened the liability on the appellant/owner of the vehicle, since she has failed to produce the driving licence of driver of the vehicle and the policy of the insurance. It is further submitted that she has filed an application I.A. 1/2012 seeking production of additional documents.

Learned counsel for the respondent insurance company submits that the driver of the offending vehicle did not possess the valid driving licence during the relevant point of time. The document produced along with the application does not absolve the owner of the offending vehicle from payment of compensation.

I have carefully considered the arguments of the learned counsel made at the Bar and perused the materials placed on record.

Perusal of the impugned order would show that the liability has been fastened on the owner of the offending vehicle, as she had failed to produce the driving licence of the driver of the vehicle and policy of the insurance. Therefore, she has filed I.A. 1/2012 seeking production of the said documents. Having perused I.A. 1/2012, I am of the view that the appellant has to be permitted to produce the said document. Hence, I.A. 1/2012 is allowed and appellant is permitted to produce additional evidence. Since, there is serious dispute as to the liability for payment of compensation in spite of production of additional document, I am of the view that the matter requires reconsideration insofar as question of liability is concerned. Hence, judgment and award in MVC No. 502/2011 dated 11.07.2012 on the file of the Court of Fast Track-I and Addl. MACT at Tumkur, is hereby set aside only insofar as directing the owner of the offending vehicle to pay compensation is concerned. Determination of compensation by the Court below is sustained. Matter is remitted back to the Court below to give a finding as to whether the appellant/owner of the offending vehicle is liable to pay compensation or not? The appellant is permitted to produce additional documents produced along with I.A. 1/2012 before the Court below. The parties are directed to lead further evidence only insofar as liability aspect is concerned. The Court below is directed to dispose of the matter within a period of three months from the date of receipt of copy of this order. Appellant/ owner of the offending vehicle is permitted to withdraw the amount in deposit in this appeal. No costs.