M.Y.EQBAL, J. - (1.) THIS appeal, by the owner of the vehicle, is directed against the award dated 11.3.2008 passed by Motor Accident Claims Tribunal, Koderma in Claim Case No. 4/2006, whereby he has awarded a sum of Rs. 5,85,500/ - by way of compensation and held that the appellant is jointly liable to pay the compensation amount.
(2.) THE facts of the case lie in a narrow compass. The claimants -respondents are the widow, son and daughter of the deceased Ram Kumar Modi. It appears that while the deceased was returning to his house on a motorcycle, a truck bearing registration No. BR -1G -8283 dashed the deceased, as a result of which he sustained injury and was brought to the hospital. While the deceased was coming to hospital at Ranchi he died in the way. The appellant, owner of the vehicle, filed a written statement stating, inter alia, that the above truck was insured with the respondent - United India Insurance Company and the said vehicle was being driven by a competent driver having a valid driving licence No.' 82/2001. The appellant -owner of the vehicle, therefore, contended that the Insurance Company is liable to pay the compensation. The respondent -Insurance Company, on the other hand, took a defence that it is the primary duty of the owner of the vehicle to produce the document including the valid driving licence of the driver driving the vehicle. The Tribunal held that the owner of the vehicle had not met the challenge of the Insurance Company by producing the driving licence of the driver nor the assertion made in the written statement about the driving licence will exonerate the owner of the vehicle to prove the driving licence. Since the onus to prove that the driver was holding a valid driving licence could not be discharged by the owner of the vehicle, the Tribunal held that the owner is liable to pay the compensation amount.
(3.) IN the instant appeal, a separate application has been filed by the appellant being I.A. No. 102/2009 under Order 41, Rule 27 CPC with a prayer to allow the appellant to lead additional evidence and prove the original copy of the driving licence of the driver driving the vehicle at the relevant time. The original driving licence has been filed alongwith the application. In the said holding a driving licence being licence No. 84/2001 but after filing of the written statement the driver left the services of the appellant and in spite of several requests the driving licence was not handed over for filing it.before the Tribunal. However, after much efforts the appellant managed to get the original copy of the driving licence during pendency of the present appeal.;