Per Hon’ble Mr.S.R.Khanzode, Presiding Judicial Member
Heard Mr.P.D.Pise-Advocate for the appellant. Respondent/New India Assurance Co.Ltd. is served with the notice after admission on 19/10/2012 as per postal acknowledgement on record. Under the circumstances, appeal to proceed in their absence.
This appeal takes an exception to an order dated 07/04/2011 passed in consumer complaint no.2106/2009, Sambhaji Keshav Chavan v/s. The New India Assurance Co.Ltd.; by District Forum, Sangli. The consumer complaint stood dismissed on the ground that at the time of accident in question, the driver of the vehicle was not holding any valid and effective driving license to drive heavy goods vehicle. It revealed from the impugned order that appellant tried to move an application to clarify the status of driving license of the driver and they also filed documents, on the basis of which it could be inferred that at the time of accident driver was holding effective and valid driving license to drive the vehicle. The amendment application was disallowed by the forum and so also on the basis of the documents same was not taken into consideration stating that it was a xerox copy and not an original document and the entire license copy was not produced.
It is submitted on behalf of the Ld.counsel for the appellant that by not allowing clarificatory amendment application, a fair opportunity to bring true facts before the forum was denied to the appellant/ complainant. Per se, we find some substance in the said grievance whereby issue relating to validity of the driving license at the time of accident in question was involved. The evidence (or absence thereof) adduced at that point of time to justify repudiation by the Insurance Company is not at all discussed in the impugned order. Apart from that when the appellant/complainant tried to make statement by moving a clarificatory amendment application, same was not considered. Had such case would have been considered, the further question of proving the said fact would not have arisen. Besides that, when it was prima facie shown that there is some document to show that at the time of accident driver was holding a valid and proper driving license so that repudiation could be held arbitrary, we find such opportunity to establish said fact ought not to have denied to the appellant. This resulted into miscarriage of justice. We hold accordingly and pass the following order:-
ORDER
Appeal is allowed.
Impugned order dated 07/04/2011 is quashed and set aside.
Consumer complaint is remitted back to the forum with a direction to give opportunity to both the parties to amend their respective pleadings and then to receive additional evidence as per provisions of section 13(4) of Consumer Protection Act, 1986 and then to settle the dispute according to law. Trial of the consumer dispute be expedited.
In the given circumstances, both the parties to bear their own costs.
Appellant/complainant to appear before the forum on 17/01/2013 and, thereafter, notice of the date fixed be given to the opponent/Insurance Company by the forum at the cost of appellant/complainant.
Pronounced on 10th December, 2012.
