(Ranjan Gogoi and R. Banumathi, JJ.)
Ranjan Sharma ___________________________________ Appellant;
v.
Dipti Malakar and Others _______________________ Respondent(s).
Civil Appeal No(s) 5202 of 2018 [Arising out of Special Leave Petition (Civil) No. 26651 of 2015], decided on May 15, 2018
The Order of the court was delivered by
Order
1. Leave granted.
2. We have heard the learned counsels for the parties.
3. This appeal is by the owner of the motor vehicle involved in the accident in question in respect of which compensation has been awarded payable by the appellant. The appellant seeks to challenge the order of the High Court of Tripura in a review petition affirming the order of the High Court dismissing for default the appeal filed by the appellant against the order of the learned Motor Accident Claims Tribunal, Kailashahar, North Tripura (“Tribunal” for short) by which the liability to pay compensation of Rs. 3,33,000/- has been fastened on the appellant as the owner of the vehicle.
4. The above order has been passed by the learned Tribunal as the proceedings therein against the appellant had gone ex parte and the learned Tribunal held that as the driving licence had not been laid before the learned Tribunal the liability ought to be fastened on the owner of the vehicle. The appeal against the said Award of the learned Tribunal filed by the owner of the vehicle, as noted above, was dismissed for default. The review petition was filed by the appellant before the High Court seeking recall of the aforesaid order. Along with the review petition a copy of the insurance policy and the driving licence was enclosed.
5. The High Court, however, refused to consider the review petition. Hence the present appeal.
6. Having considered the matter and taking into account the fact that the insurance policy and the driving licence was laid before the High Court we are of the view that the same ought to have been taken on record and appropriate orders should have been passed. As the High Court failed to so act the order of the High Court is liable to be corrected which we accordingly do.
7. Taking into account the insurance policy insuring the vehicle for a period during which the accident had occurred and the driving licence of the driver which appears to be in order we allow this appeal and set aside the order of the High Court and direct that the compensation amount be paid by the Insurer to the person(s) entitled. The amount ordered to be deposited in this Court, if not withdrawn by the claimant(s), shall be returned to be appellant along with interest, if any, forthwith upon due verification. If the aforesaid amount has been withdrawn by the claimant(s) necessary adjustment(s) will be made by the Insurer including return of such amount to the appellant. The amount of compensation shall be paid by the Insurer to the claimant(s) within a period of four weeks from the date of receipt of a copy of this order.
8. The appeal is disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 26651/2015
Ranjan Sharma ___________________________________ Appellant
v.
Dipti Malakar and Others _______________________ Respondent(s)
Date: 15-05-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Ms. Poonam Raswant, Adv.
Mr. P.V. Raghunandan, Adv.
Mr. Vinodh Kanna B., AOR
For Respondent(s) Mr. K.K. Bhat, Adv.
Mr. Ranjan Kumar Pandey, AOR
UPON hearing the counsel the Court made the following
ORDER
9. Leave granted.
10. The appeal is disposed of in terms of the signed order.
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