JUDGMENT
Amarjeet Chaudhary, J.
1. On a claim petition under Section 166 of the Motor Vehicles Act by the claimants, the Motor Accident Claims Tribunal, Ambala, vide its award dated 26th July, 1991, had awarded a sum of Rs. 78,000/- alongwith 12% interest to the claimants. The liability to pay compensation was fastened on respondent Nos. 1 and 2, i.e. owner and driver of offending vehicle No. PAT 8687.
2. Dissatisfied with the above award, the driver and the owner of the offending vehicle, have filed this appeal. The challenge to the award is primarily on the ground that the Tribunal did not afford any opportunity to the appellants to produce the evidence.
3. Mr. Raman Mahajan, the learned Counsel for the appellants, contends that the appellants could not produce the driving licence as the same was taken by the Police in a criminal case against the driver. Mr. Mahajan further contends that the Insurance Company had paid the compensation for the damage caused in this very accident to the owner of Tanker No. PAT 8687 and wants to produce the receipt before the Tribunal.
4. Mr. Pradeep Bedi, the learned Counsel for United India Insurance Company, respondent No. 4 has opposed the appellants’ plea with full vehemence.
5. On consideration of the matter, I am of the considered view that the Tribunal did not afford reasonable opportunity to the appellants to produce their evidence. They could not produce the receipt for the reason that the same was issued after the payment of compensation having been made to the owner of the offending vehicle by the Insurance Company. Similarly they could not produce the driving licence as it was taken by the Police in a criminal case registered against the driver.
6. In this view of the matter, the case is remanded to the Motor Accident Claims Tribunal, Ambala, with a direction to afford opportunity to the appellants to produce the driving licence and the receipt issued by the appellants to the Insurance Company.
7. The parties through their Counsel are directed to appear before the Tribunal on 2.6.1994 to receive further directions in the matter.
8. With the above direction, the appeal stands disposed of.