After Claimants Were Paid, Uttarakhand HC Sends Insurer’s Recovery Dispute Back, Letting Vehicle Owner Prove Driver Had Valid Driving Licence

The Motor Accident Claims Tribunal allowed the claim petition in MACP No. 86/2009 and directed the insurer to pay the claimants, with liberty to recover the amount from the vehicle owner.

The insurer paid the award, leaving the dispute over recovery from the owner. The owner appealed, contending that the driver held a valid licence on the accident date.

In support, the owner sought to adduce additional evidence under Order 41 Rule 27 CPC. Although the application stated that the original licence was enclosed, it contained Form 54 reporting that the driver’s licence was valid from 27 August 1999 to 26 August 2011; the original licence itself was not produced.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal to the High Court from an award of a Claims Tribunal.

Order 41 Rule 27 CPC, read with Section 151 CPC, permits the appellate court to allow additional evidence in appropriate circumstances; here, the Court allowed the application so the owner could adduce evidence on the licence issue.

The Court also referred to a coordinate Bench’s order in AO No. 405/2012, which had allowed similar applications and remitted matters to the Tribunal for evidence and decision on the insurer’s recovery rights.

The Form 54 report indicated that the driver had a licence valid on the date in question, but it was not the original licence and its contents had not been established through evidence before the Tribunal.

The Court therefore did not decide whether the driver was duly licensed or whether the insurer could recover from the owner. Instead, it allowed the owner to adduce evidence and remitted the limited dispute to the Tribunal, consistent with the approach taken in the cited coordinate Bench order.

The claimants, having received the awarded amount, were not required to be notified when the matter returned to the Tribunal.

The Tribunal was requested to endeavour to decide the matter within six months of receiving a certified copy of the order.