IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 MACA.No. 1796 of 2006() ----------------------------------- OPMV.306/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/2ND RESPONDENT --------------------------------------------- AJESH ALEX, NJAVALLIL HOUSE, MUNDUPALAM LALAM, KAROOR P.O. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 3 ---------------------------------------------------------------------------- 1. ARUL DAS T., KATTUVILA VEEDU, NEYOOR P.O., MONDAY MARKET, KALKULAM, KANYAKUMARI. 2. ROBIN SEBASTIAN, CHALIL HOUSE, 12TH MILE, PALA P.O. 3. NATIONAL INSURANCE COMPANY LTD., KOTTAYAM. ADV. SMT.SARAH SALVY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/08/2008, ALONG WITH MACA NO. 1950 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2015/2006 IN MACA. NO.1796/2006 DISMISSED 11/08/2008 SD/- M.N.KRISHNAN, JUDGE // TRUE COPY// P.A. TO JUDGE Rs/ M.N.KRISHNAN, J. -------------------------- M.A.C.A. Nos. 1796 & 1950 OF 2006 --------------------- Dated this the 11th day of August, 2008 JUDGMENT These appeals are preferred against the award passed by the Motor Accident Claims Tribunal, Pala, in OP(MV) Nos. 306/01 & 901/03. The Tribunal held that the claimants are entitled to get compensation and directed the Insurance Company to pay the amount. It also held that since the 2nd respondent was not having a valid driving licence, the 3rd respondent is entitled to get reimbursement from the owner and driver. Aggrieved by that decision, the driver of the bike has preferred these two appeals. 2. Along with the appeal memorandum a photocopy of the licence was produced. Subsequently by a memo, the original of the licence itself had been produced. It is a memo dated 12th October, 2006. I had verified the original licence and I also requested the counsel for the Insurance Company to verify the same. The name of the licence holder is Ajesh Alex. He was born on 18.10.1981. the licence is issued for driving the motor cycle. It was issued on 25.10.99 and valid up to 17.10.2019. The accident had taken place on 4.12.99. So it is very clear that on the date of the accident the MACA No. 1796 & 1950/06 2 said Ajesh Alex, the 2nd respondent in the claim petition, had a valid driving licence. Unfortunately it was not produced before the Tribunal and that made the Tribunal to order reimbursement. Since the original of the licence itself is produced and as I am satisfied with the genuineness of the same, the direction of the court below to reimburse the amount to the Insurance Company by respondents 1 and 2 in the claim petition needs to be vacated. Therefore the said finding is set aside. Both appeals are allowed and the Insurance Company who has deposited the amount is not entitled to get reimbursement from respondents 1 and 2 as the 2nd respondent is having a valid driving licence at the time of the accident. The original of the driving licence be returned to the counsel for the appellant after a period of 60 days. M.N.KRISHNAN, JUDGE vps MACA No. 1796 & 1950/06 3