- (1.) THE claimants -appellants are aggrieved by the award dated 7.12.2010 passed by MACT, Fast Track, Kotputali, District Jaipur, whereby the learned Tribunal has granted a compensation of Rs. 3,24,000/ - in favour of the appellants.
(2.) THE learned counsel for the appellants has raised a single issue before this Court namely, with regard to the finding given about liability of the Insurance Company to pay the compensation amount. According to the learned counsel, the Tribunal has framed issue Nos. 3 and 4 with regard to the liability of the Insurance Company. While discussing the said issues, it had merely given a finding, without any evidentiary basis thereof. According to the learned Tribunal since the driver of the offending vehicle did not have a valid driving license, therefore, the Insurance Company is not liable to pay the compensation amount to the appellant. However, according to the learned counsel, a valid driving license was seized by the police and was available with the charge -sheet submitted by the police. Moreover, the Insurance Company had not led any evidence to establish the fact that the driver of the offending vehicle did not have a valid driving license. Despite the availability of the valid driving license and in spite of lack of evidence led by the Insurance Company, the learned Tribunal has given an erroneous finding. Therefore, he prays that the case should be remanded back to the learned Tribunal to re -decide the issue Nos. 3 and 4 with regard to liability of the Insurance Company to pay the compensation amount to the appellants.
(3.) A bare perusal of the impugned award reveals that although, the Insurance Company had taken an objection that the driver of the offending vehicle did not have a valid driving license, but no evidence was produced on their behalf to buttress this plea. Therefore, the finding given on issue No. 3 at page 9, Para 23, and on issue No.4 at page 9, Para 24 that at the time of accident, the driver did not have a legally valid license is a finding without any evidentiary basis. Therefore, this Court remands the case back to the learned Tribunal and directs the learned Tribunal to permit both the parties, the claimants and the Insurance Company, to lead evidence on the point whether a valid driving license existed or not? In case, the Tribunal feels necessary, it shall call for the charge -sheet filed by the police to see if the valid driving license had been seized by the police or not. After recording the evidence of both the parties, the Tribunal shall pass its judgment on issue Nos. 3 and 4 within a period of three months from the date of receipt of certified copy of this judgment.;