Iffco Tokio General Insurance ... vs Ranjitsinh Himmatsinh Parmar
2023 Latest Caselaw 5398 Guj

     C/FA/1923/2019                                 ORDER DATED: 10/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1923 of 2019
                                   With
                      R/FIRST APPEAL NO. 1436 of 2019
                                   With
                      R/FIRST APPEAL NO. 1438 of 2019

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       IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED,
                        HIMMATNAGAR
                            Versus
                RANJITSINH HIMMATSINH PARMAR
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR PARESH M DARJI(3700) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 10/07/2023

                            COMMON ORAL ORDER

1. The appeals are against the common order and

judgment in MACP nos.242, 243 and 244/12

decided by the learned MACT, Gandhinagar on

5.10.2018 on the ground that the vehicle

involved was driven on road without any permit

in violation of the terms and conditions of

the policy and against the provision of

Section 66 of the Motor Vehicles Act, 1988.

C/FA/1923/2019 ORDER DATED: 10/07/2023

2. Mr. Nanavati, learned advocate for the

appellant while referring to the grounds

raised in the appeal memo stated that at the

time of the accident, there was no driving

license of the opponent no.1 as well as the

vehicle was not having permit and thus, the

insurance Company would not be liable to pay

the compensation amount.

3. While countering the same, Mr. Darji, learned

advocate for the claimants contended that no

such issues were raised during the course of

trial. Further, the insurance Company had not

examined any witness from their side to even

contend such pleas. Mr. Darji further stated

that now the time has come where the Tribunals

are required to mandatorily call for all the

information under Form 54 of Central Motor

Vehicle Act by following the judgment in the

case of Jai Prakash v. National Insurance

Company Limited, reported in (2010) 2 SCC 607

where in absence of the owner and driver, such

C/FA/1923/2019 ORDER DATED: 10/07/2023

facts can be brought on record of the case and

the claimants have not to rush from pillar to

post for all such documents.

4. Mr. Darji stated that the claimants have found

that the Bolero car bearing registration

no.GJ-18 AU-5773 was having a fitness

certificate till 5.6.2012 and the driving

license was already produced on record and

contract carriage permit was for the period

from 7.6.2011 to 6.6.2016 and even PUC

certificate was given by the officer of RTO

office, Gandhinagar.

5. A perusal of the judgment suggests that the

issue was not raised by the Tribunal while

plea was taken in the written statement by the

insurance Company, while no discussion has

been made in the judgment with regard to

permit of the vehicle. In that circumstances,

the parties are required to be granted

opportunity so that all necessary documents

C/FA/1923/2019 ORDER DATED: 10/07/2023

come on record and the Tribunal thereafter can

decide the liability aspect of payment of

compensation. In that circumstances, all the

matters are remanded back and ordered to be

restored to the file of the concerned Tribunal

where the Tribunal is directed only to

consider and decide the liability aspect and

for that purpose, opportunity is granted to

all the parties to produce relevant documents

to prove the same. Accordingly, the present

appeals are disposed of. Let this exercise be

completed within a period of three months from

the date of receipt of this order. Interim

order passed on 28.10.2020 regarding

disbursement of the money would continue till

final disposal of the matters.

(GITA GOPI,J) Maulik