Oral Judgment:
1. Admit.
The learned counsel waives service of notices. Heard the matter finally by consent of the learned counsels appearing for the parties.
2. This application seeks review of the judgment and order dated 8th September, 2014, passed by this Court in First Appeal No. 485 of 2013.
3. The Motor Accident Claims Tribunal had held in Motor Accident Claims Petition No. 88 of 2009, the owner of the truck, the driver and the Insurance Company jointly and severally liable to pay compensation of Rs.15,02,496/- along with interest at the rate of 12% per annum from the date of filing of the petition till its realization. The Insurance Company preferred First Appeal No. 485 of 2013 before this Court which was allowed on 8th September, 2014.
4. When the matter was heard and decided, none appeared in for the respondents.
5. The claimants have moved this application for review of the judgment dated 8th September, 2014.
6. The matter was initially listed before this Court on 13th October, 2014 when the extract of driving license dated 9th October, 2014, issued by the Deputy Regional Transport Officer, Gondia, indicating that the license of Shri Ashok Neware to drive the heavy motor vehicle was issued with effect from 9th October, 1998, was produced. This Court issued notice to the Deputy Regional Transport Officer, Gondia, to remain personally present before this Court along with the details of driving license issued to Shri Ashok Neware in respect of Heavy Motor Vehicle (Transport). On 12th December, 2014, this court had passed an order as under;
"In response to the notice issued by this Court on 13th October, 2014, Shri Dashrath Ganpat Waghule, the Deputy Regional Transport Officer, Gondia, is personally present before this Court along with the concerned record. According to him, the driving license dated 09.10.1998 was issued in the name of Ashok Bhaiyyalal Neware. It was for Heavy Goods Vehicle and valid upto 04.04.2008. He further submits that another license was issued on 24.05.2004 in the name of Ashokkumar Bhaiyyalal Neware with endorsement of LMV and then subsequently an endorsement of HGV on 20.11.2006, which was valid upto 23.05.2010. He further submits that according to the record, the license issued in the name of Ashokkumar Bhaiyyalal Neware was valid on the date of accident i.e. 06.04.2009 to drive HGV (transport). The Deputy Regional Transport Officer, Gondia, to file affidavit stating all these things. Put up this matter on 16.01.2015.
7].The Deputy Regional Transport Officer has filed an affidavit on 24th December, 2014, giving the details of the driving license possessed by the driver Shri Ashok Neware.
8. This court framed the point for determination while deciding the first appeal as under.
Whether the appellant â“ Insurance Company has established its defence that the driver of the offending vehicle bearing No. CG-04/J-9972 was holding a valid and effective license on the date of occurrence i.e. on 06.04.2009?
9. In paragraph 4 of the judgment, this Court has held as under;
"4. With the assistance of the learned counsel for the appellant, I have gone through the record and proceedings, Exh. 42 is a license in the name of Ashok Neware. The endorsement on the license shows that it was a license to drive LMV (NT) issued on 19.02.1997 and valid up to 13.08.2016. It is also a license to drive Transport Vehicle, issued on 09.10.1998 and was valid up to 04.04.2008. The Insurance Company has examined Administrative Officer Ganesh Maniklal Meshram. He has deposed in his evidence that the license in question was for driving LMV vehicle whereas the truck in question was Heavy Goods Vehicle driven by the Driver, Ashok Neware, who was joined as Respondent No. 4 in claim petition. The vehicle in question was not LMV (NT) but it was a Heavy Goods Vehicle and the validity of license in respect of it expired on 04.04.2008. In view of this, the Insurance Company has established its defence that the driver of the offending vehicle was not holding a valid and effective license on 06.04.2009, when the accident occurred. The Tribunal committed an error in holding that the Driver â“ Ashok was holding a valid and effective license to drive a vehicle in question."
10. Exh. 42 is the license in the name of Shri Ashok Bhaiyyalal Neware. The endorsement on the license shows that it was a license to drive LMV (NT) issued on 19.02.1997 and it was valid up to 13.08.2016. There is also another endorsement on the same license made on 09.10.1998 showing the authority to drive transport vehicle granted on 09.10.1998 and it was valid up to 04.04.2008.
11. The accident in question occurred on 06.04.2009 and at that time the respondent Driver â“ Ashok Bhaiyyalal Neware was driving Heavy Goods Vehicle (Transport). The question as to whether he was holding valid license for driving such vehicle. Exh. 61 is a driving license issued in the name of Ashok Bhaiyyalal Neware for Heavy Goods Vehicle on 24.05.2004 and it is shown to be valid up to 23.05.2010. This license was not brought to the notice of this Court when the matter was decided and it does not find place in the judgment. The license was placed on the record of the Tribunal.
12. Shri Paunikwar, the learned counsel appearing for the appellant Insurance Company has urged that there cannot be two licenses in the name of the same person to drive the same kind of the vehicle. According to him, the license to drive Transport Vehicle issued on 09.10.1998 was valid up to 04.04.2008 (Exh. 42) and therefore, there was no question of Shri Ashok Neware applying for another license on 24.05.2004 at Exh. 61. The argument ignores the fact that the license to drive the Transport Vehicle issued on 09.10.1998 was in respect of LMV (Transport) and not HGV, whereas the license issued on 24.05.2004 was to drive the Heavy Goods Vehicle and it was valid on the date of accident which occurred on 06.04.2009.
13. In view of above, the judgment and order dated 8th September, 2014, delivered by this Court in First Appeal No. 485 of 2013 is reviewed and the said First Appeal is dismissed. The respondents-claimants and the owner of the vehicle i.e. respondent No. 3 are directed to pay cost of Rs.1,000/- each to the
High Court Legal Services Sub Committee, Nagpur, for remaining absent on the date on which this first appeal was earlier decided.