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Judgment
J.R. Midha, J.—The appellant has challenged the award of the learned Tribunal whereby the compensation of Rs. 10,20,862/- has been awarded to claimant/respondent No. 1.
Mr. Neeraj Kalra, Branch Manager, Oriental Insurance Co. Ltd. is present in the Court along with his counsel and he submits that the relevant record relating to the alleged policy in question has been destroyed, therefore, the Insurance Company is not in a position to admit the policy of the offending vehicle.
The appellant is the owner of the offending vehicle bearing No. DL-1Y-3908. According to the appellant, the vehicle was validly insured with Oriental Insurance Co. Ltd. The learned Counsel for the appellant submits that the appellant was ex-parte before the learned Tribunal and, therefore, could not appear before the learned Tribunal and the documents now placed on record before this Court to prove the policy of the offending vehicle, could not be placed on record before the learned Tribunal. The learned Counsel further submits that he has filed CM No. 6535/2009 under Order 1 Rule 10 for impleading Oriental Insurance Co. Ltd. as respondent and CM No. 6536/2009 for permission to lead additional evidence to prove the policy in question. The appellant has also filed CM No. 6537/2009 for condonation of delay in filing the appeal.
In the facts and circumstances of this case, CM No. 6535/2009 to CM No. 6537/2009 are allowed and delay in filing of this appeal is condoned. Oriental Insurance Co. Ltd. is impleaded as respondent No. 3 and the appellant is permitted to lead the additional evidence before the learned Tribunal.
The appeal is partially allowed to the extent that the learned Tribunal shall frame an additional issue as to whether the appellant had validly insured the offending vehicle with Oriental Insurance Co. Ltd. and if so; whether the appellant is entitled to the reimbursement of the award amount from Oriental Insurance Co. Ltd? The learned Tribunal shall conduct an inquiry u/s 168 of the Motor Vehicles Act on this limited issue only. The award of Rs. 10,20,862/- in favour of respondent No. 1 against the appellant is upheld. Respondent No. 1 shall be entitled to execute the award against the appellant and if the appellant ultimately succeeds in proving the additional issue framed above, the appellant shall be entitled to seek reimbursement of the award amount from Oriental Insurance Co. Ltd.
The parties are directed to appear before the learned Tribunal on 14th January, 2010.
The LCR be sent back forthwith.
Copy of this order be given ''Dasti'' to learned Counsel for the parties under the signature of Court Master.