Orissa High Court
This Matter Is Taken Up Through ... vs Unknown on 29 January, 2021
MACA NO.342 OF 2019
6. 29.01.2021 I.A. No.248 of 2020.
This matter is taken up through Video Conferencing
because of COVID-19 Pandemic.
This application has been filed for additional evidence
under Order 41 Rule 27 of the Code of Civil Procedure.
Learned counsel for the petitioner-appellant submits
that the information obtained under R.T.I. Act from the
Regional Transport Office, Angul and the extract of the
learner driving licence ought to be admitted as additional
evidence.
Considering the aforesaid submissions, the documents
filed is accepted as an additional evidence.
The I.A. is accordingly disposed of.
.........................
P. Patnaik, J.
7. 29.01.2021 MACA NO.342 OF 2019
Heard Mr. Somnath Roy, learned counsel for the
appellant and Mr.P.K. Mishra, learned counsel for
respondents.
The appellant has challenged the impugned judgment
dated 18.01.2019 passed by the learned 1st Motor Accident
Claims Tribunal, Angul in MAC Case No.43 of 2016
awarding amount of Rs.2,91,731/- along with simple
Gs
interest @ 7% per annum from the date of filing of the case.
Learned counsel for the appellant submitted that the
learned Tribunal has erred in law in holding that due to the
rash and negligent driving by the driver of the alleged
offending Auto bearing Registration No.OD-19E-9551,
instead of composite negligence by both the vehicles
particularly when the accident occurred due to head on
collision by both the offending Auto rickshaws in which the
respondent no.1 sustained injuries as such the judgment is
unsustainable and is liable to be set aside.
Learned counsel for the appellant further submitted
that the learned Tribunal has committed illegality by
completely discarding the evidence of the witness examined
on behalf of this appellant as O.P.W. no.1 and the
documents filed on behalf of the appellant to prove that the
driver of the alleged offending Auto was holding a learner
license authorized to drive a "Light Motor Vehicle 3 wheeler
Non Trnasport" vehicle valid for only six months. It is
respectfully submitted that the offending auto rickshaw was
registered and insured as a goods carrying transport vehicle
and Section 7 of the Motor Vehicle Act,1988 bars a person
issued with a Learner's license to drive a transport vehicle
unless he has held a driving license to drive a Light Motor
Vehicle for at least one year which clearly proves that the
accused driver has not been duly licensed to drive a
transport vehicle in accordance with Sections 3 & 7 of the
M.V. Act,1988 as such there has been a statutory as well as
Contractual violation committed by the respondent
no.2/owner of the offending vehicle as such the impugned
judgment is unsustainable in the eye of law and is liable to
be set aside.
Learned counsel for the appellant further submitted
that the learned Tribunal has committed wrong in law in
relying on the money receipts filed by the
claimant/respondent no.1 amounting to Rs.1,19,231/-
issued by a private hospital particularly when the
respondent no.1 has not proved those money receipts by
examining the person issuing the same as such the
impugned judgment is unsustainable in the eye of law and is
liable to be set aside.
Learned counsel for the respondents support the
impugned award passed by the learned Tribunal on the
ground that there is no infirmity or illegality warranting any
interference as the appellant-Insurance Company has
neither adduced any oral nor any documentary evidence.
Considering the submissions made by the learned
counsel for the respective parties and on perusal of the
impugned order more particularly on the basis on which the
same has been arrived at, the impugned award dated
18.01.2019 passed by the learned 1st Motor Accident Claims
Tribunal, Angul in M.A.C. No.43 of 2016 is set aside and the
amount of compensation awarded by the learned Tribunal is
modified to Rs.2,40,000/- (Rupees two lakhs forty thousand).
The Insurance Company is directed to deposit the modified
amount with 7% interest from the date of filing of the claim
case till realization before the learned Tribunal within a period
of eight weeks from today. The learned Tribunal is directed to
disburse the same to the claimants on proper identification.
However liberty is granted to the appellant for filing of an
application for recovery of the said amount from the owner of
the offending vehicle if recoverable in accordance with law.
The statutory deposit before this Hon'ble Court be
refunded to the appellant along with accrued interest upon
showing the receipt of deposit of the modified awarded amount
before the learned Tribunal.
Accordingly, the MACA is disposed of.
.........................
P. Patnaik, J.
