The Commissioner Municipal ... vs Jitendra Kushwaha
2023 Latest Caselaw 15335 MP

                                                          1
                           IN      THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 19 th OF SEPTEMBER, 2023
                                                MISC. APPEAL No. 1902 of 2023

                          BETWEEN:-
                          THE COMMISSIONER MUNICIPAL CORPORTATION
                          BHOPAL THJROUGH IT MR. AWADESH DUBEY AGE 59
                          PSOTED AS ASSISTANT ENGINEER (CIVIL) MUNICIPAL
                          CORPORATION BHOPAL O/O NEAR MATA MANDIR T.T.
                          NAGAR BHOPAL, DISTT. BHOPAL (MADHYA PRADESH)

                                                                                      .....APPELLANT
                          (BY SHRI TABREZ SHEIKH - ADVOCATE)

                          AND
                          1.    JITENDRA KUSHWAHA S/O TARUN KUSHWAHA,
                                AGED ABOUT 25 YEARS, R/O GRAM BIJLOAN
                                TEHSIL AND DISTRICT SEHORE PRESENTLY R/O
                                BEHIOND CHOLA MANDIR TEHSIL HUZUR
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          2.    AMLOK SINGH S/O SHRI RAMESH SINGH R/O
                                NEAR MANIT COLLEGE HARSHWARDHAN
                                NAGAR, DISTT. BHOPAL DISTRICT BHOPAL
                                (MADHYA PRADESH)

                          3.    THE ORIENTAL INSURANCE CO. LTD. THROUGH
                                MANAGER (I.C.) O/O T P HUB 11-B INDRAPURI,
                                BHEL RAISEN ROAD, BHOPAL (MADHYA
                                PRADESH)

                                                                                   .....RESPONDENTS
                          (NONE)

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                           ORDER

Heard on I.A. No.5758/2023, an application for condonation of delay of

Signature Not Verified 85 days in filing the appeal.

Signed by: TULSA SINGH Signing time: 9/22/2023 5:57:31 PM

For the reasons mentioned in the application, aforesaid IA is allowed and the delay is condoned.

This appeal is filed by the Municipal Corporation, Bhopal being aggrieved of award dated 27/09/2022 passed by 15th Motor Accident Claims Tribunal, Bhopal in Claim Case No.2197/2016.

2. This Court has perused the impugned award. Grievance of the appellant is that order of pay and recover is inappropriate, therefore, that order may be modified.

3. On perusal of the award, it appears and it discussed by learned Claims Tribunal that driver of the offending vehicle was not having a valid driving

license to drive the offending vehicle at the time of accident, therefore, award has been passed directing the insurance company to pay the compensation and then recover it from the owner and driver of the offending vehicle.

4. This judgment being in consonance with the law laid down by Hon'ble Supreme Court in the case of Pappu and others Vs. Vinod Kumar Lamba & another, (2018) 3 SCC 208 and there being no material on record to dispute the fact that driver was having a valid driving license, yet it has not been considered by learned Claims Tribunal, there is no substance in the appeal calling for interference. Even the appellant has failed to produce copy of any driving license of the driver of the offending vehicle Amlok Singh, S/o Ramesh Singh on record to point out that at the time of accident, he was in possession of valid driving license. Thus, having failed to produce a driving license to prove the factum of availability of driving license with driver, impugned award cannot be faulted with.

5. Accordingly, this miscellaneous appeal fails and is hereby dismissed. Signature Not Verified Signed by: TULSA SINGH Signing time: 9/22/2023 5:57:31 PM

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 9/22/2023 5:57:31 PM