Code of Civil Procedure, 1908–Order 41, Rules 23, 23-A & 27–Motor Vehicles Act, 1988–Sec. 166–Driver and owner of offending vehicle remained ex-parte before the Tribunal and Insurance Company was exonerated from the liability for paying compensation–They produced the driving licence at
appellate stage–Claimants also filed the appeals for enhancement in compensation with questioning the liability of insurer to pay first compensation and then recover the same from the owner–Held,
(i) Additional evidence which is sought to be placed on record, is very much required so as to enable the Court to pronounce the judgement in the appeal–Driving licence produced by appellants falls in the interregnum period during which validity of the licence was vogue–Application under 41, Rule 27 is allowed. (ii) Matter is remanded back to Tribunal for deciding the issues of liability of paying compensation and quantum of compensation.
