IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 MACA.No. 910 of 2009 OPMV.1252/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/RESPONDENT NO.1: SHEJI N.M.@ N.M. SHAJI,S/O. MUSTHAFA, NEDUMPILLIL HOUSE, KUTTIYAMCHAL KARA, KUTTAMPUZHA VILLAGE, KOOVAPPARA, KOTHAMNGALAM, ERNAKULAM DIST. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS/PETITIONERS 1 TO 5/RESPONDENT NO.2: 1. JEEVA, W/O. VARGHESE C. JACOB @ SHAJI, CHIRAYIL HOUSE, RAMALLOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 2. ELIZHABATH VARGHESE, D/O. VARGHESE C. JACOB @ SHAJI, CHIRAYIL HOUSE RAMALLOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGLAM TALUK, ERNAKULAM DIST. MINOR REP. BY HER MOTHER JEEVA, W/O. VARGHESE C. JACOB @ SHAJI, CHIRAYIL HOUSE,RAMALLOOR KARA, THRIKKARIYOOR VILL, EKM DISTRICT. 3. ELDHO VARGHESE, S/O. VARGHESE C. JACOB @ SHAJI, CHIRAYIL HOUSE, RAMALLOOR KARA, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST., MINOR REP. BY HIS MOTHER JEEVA, W/O. VARGHESE C.JACOB @ SHAJI, CHIRAYIL HOUSE, RAMALLOOR KARA,THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK. (Respondents 1, 2 and 3 are deleted from the party array at the risk of the appellant as per order dated 4-12-2009 in IA 3501/09) 4. JACOB , S/O. KURIAKOSE, CHIRAYIL HOUSE, RAMALLOOR KARA, THRIKKRIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST. 5. ELIZABATH, W/O. JACOB, CHIRAYIL HOUSE, RAMALLOOR KARA,THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DIST. ( The name of 5th respondent is deleted from the party array at the risk of the appellant as per order dated 30-7-2010 in IA 1993/2010) 6. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, MUVATTUPUZHA, EKM DIST. ADV. SRI.K.SANDESH RAJA FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.910 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August 2010 JUDGMENT Basheer, J. Appellant who is stated to be the owner cum driver of the vehicle involved in the accident that occurred on June 7, 2003 has preferred this appeal primarily challenging the finding of the Tribunal that the appellant is liable to pay the compensation to the claimant. Of course, the Tribunal has directed the insurance company to pay the compensation and recover it later from the appellant. It is contended by the appellant that the said finding is totally illegal and unwarranted in the facts and circumstances of the case. 2. As mentioned earlier, appellant is the owner cum driver of a mini lorry bearing Regn.No.KL-6/4399 which had allegedly hit against the motor cycle that was being ridden by the deceased victim. The Tribunal, after considering the oral and documentary evidence adduced by the claimants, held that they would be entitled to get a sum of Rs.10,19,500/- as compensation for the death of the victim of the accident. The Tribunal accepted the contention raised by the insurance company that the appellant had been driving the vehicle without a proper or valid license. The Tribunal further noticed that the appellant had failed to produce the driving license in spite of a specific direction issued in this regard. It was M.A.C.A.No.910 OF 2009 :: 2 :: in the above circumstances that the Tribunal held that there was violation of policy condition. Accordingly, the Tribunal directed the insurance company to pay the compensation to the claimants and recover it later from the appellant. 3. Appellant has produced Annexure A series which are the relevant pages of the license and badge held by him during the relevant period. It is pointed out by the learned counsel that Ext.A5 report of the Assistant Motor Vehicles Inspector will clearly show that the appellant was in fact holding valid license and badge at the time of the accident. 4. We do not propose to deal with the above contention any further in view of the order that we propose to pass. A perusal of the award will show that the Tribunal was persuaded to hold that the appellant did not possess driving license and badge at the time of the accident only because he failed to produce them before the Tribunal. 5. It is on record that the appellant did not appear before the Tribunal in response to the notice issued to him. The contention of the learned counsel is that he was prevented from doing so, since he was away in Tamil Nadu at that point of time, in connection with his employment. Anyhow, the fact remains that the appellant was not aware of the direction issued by the Tribunal in the course of the trial of the case directing him to produce the badge and license. Keeping in view the above facts and M.A.C.A.No.910 OF 2009 :: 3 :: circumstances, we are satisfied that the appellant can be granted an opportunity to adduce further evidence in support of his case, but that can be only on adequate terms. In our view, ends of justice will be met if the appellant is directed to pay a sum of Rs.5,000/- as cost to the insurance company/respondent No.6 herein. 6. However, we make it clear that the quantum fixed by the Tribunal shall not be disturbed. The finding entered by the Tribunal as regards liability is set aside. The Tribunal shall reconsider the issue and take a decision in accordance with law after affording sufficient opportunity to the appellant and respondent No.6. For that limited purpose, the case is remanded. The Tribunal shall dispose of the case as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Parties shall appear before the Tribunal on September 8, 2010. Cost of Rs.5,000/- shall be paid by appellant to the insurance company within one month from today, failing which the appeal shall stand dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes