Orissa High Court
Chenna Jyothirmayi And Ors. vs Third Motor Accident Claims Tribunal, ... on 19 October, 2000
Equivalent citations: 2002ACJ1411, AIR2001ORI108, AIR 2001 (NOC) 108 (RAJ), 2001 AIHC 3271, (2000) 4 RAJ LW 5, (2000) 4 CURCC 407, (2001) 1 RAJ LR 232, (2000) 4 WLC (RAJ) 452, (2000) 2 ORISSA LR 643, (2001) 1 TAC 481, (2002) 3 ACC 633, (2002) 2 ACJ 1411, (2001) 3 CIVLJ 43
Author: P.K. Misra
Bench: P.K. Misra
ORDER P.K. Misra, J.
1. Notice by affixture on refusal of opposite party No. 3 is treated as sufficient. In spite of notice, there is no appearance on behalf of opposite parties 2 and 3. Heard Mr. S.C. Sahu for the petitioners and learned Addl. Government Advocate for opposite party No. 1.
2. This writ application is directed against the Order dated 31-1-2000 passed by the 3rd. Motor Accident Claims Tribunal, Bhubaneswar, calling upon the claimants to disclose the place of issue of the driving licence. In a claim case, the primary liability is of the Owner of the vehicle and when the vehicle is insured, the liability is to be discharged by the Insurance Company keeping in view the provisions contained in Sections 147 and 149 of the Motor Vehicles Act. Section 149 of the Motor Vehicles Act contemplates the circumstances under which the Insurance Company can claim exemption from liability. Under Section 149(1) of the Motor Vehicles Act, lack of Driving Licence on the part of the driver of the vehicle is considered to be a ground for exempting the Insurance Company from its liability. However, Section 149(4) contemplates that even in a case where there is no valid Driving Licence, the Insurance Company can be directed to pay the compensation to the claimant and thereafter claim reimbursement from the Owner. This position has been clarified by this Court in several decisions including the decision reported in (2000) 1 Orissa LR 497 (United India Insurance Co. Ltd. v. Kashinath Barik). In such view of the matter, the question as to whether there is valid Driving Licence or not being essentially a question between the Owner and the Insurance Company, it is not necessary for the claimants to prove the existence of valid Driving Licence. The claimants can always rely on the provisions of Section 149(4) and seek compensation from the insurance Company subject, of course, to the rider that in such a case the Insurance Company can claim reimbursement from the Owner. For the aforesaid reasons, the order directing the claimants to disclose the place of issue of Driving Licence was totally uncalled for and cannot be sustained, The impugned order is accordingly quashed. The claims Tribunal shall now proceed to decide the matter in accordance with law as expeditiously as possible preferably within a period of four months from the date of communication of this order.
The writ application is accordingly allowed. Since there is no appearance for opposite parties 2 and 3, there is no order as to costs.