IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 MACA.No. 2849 of 2008(A) ------------------------ O.P. (M.V.) NO. 1443/2002 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT IN O.P(M.V.) NO. 1443/2002: NATIONAL INSURANCE COMPANY LIMITED, STATUE JNCTION, THRIPUNITHURA, REP. BY ITS MANAGER, KOCHI REGIONAL OFICE, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION , KOCHI 682 035. BY ADV. MR. LAL GEORGE RESPONDENTS/CLAIMANT AND RESPONDENTS 1,2 &4:- 1. VENUGOPALAN, AGED 39 YEARS, S/O. NARAYANAN, VIJAYAVILASAM HOUSE, NEAR MANAKKAL KADAV, VARIKKAMKUNNU DESOM, VELLOOR VILLAGE. 2. RAJEEV KUMAR, AMBATTU HOUSE, AMBALLOOR, KANJIRAMATTOM. 3. MATHEW, S/O. FRANCIS, PARAPURATHU HOUSE, AMBALLOOR DESOM, AMBALLOOR VILLAGE. 4. UNITED INDIA INSURANCE COMPANY LTD., LAYAM ROAD, THRIPUNITHURA. ADV. MR. O.D.SIVADAS FOR R1 MR. N.C.SAJITH FOR R2 & R3 MS. T.J.MARIA GORETTI FOR R2 & R3 MS. T.V.SHELJA FOR R2 & R3 MS. D.GEETHA FOR R4 MS. K.SHERIN MOHAN FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.A.C.A. NO. 2849/2008 : 2 : ORDER ON I.A. NO. 3298/2008 IN M.A.C.A. NO. 2849/2008 DISMISSED 04.06.2009 sd/- V. RAMKUMAR, JUDGE. V. RAMKUMAR , J. ========================== M.A.C.A. No. 2849 of 2008 ========================== Dated this the 4th day of June, 2009. JUDGMENT This appeal is filed by the National Insurance Company challenging the award dated 27.05.2008 passed in O.P. (M.V.) No. 1443 of 20002 on the file of the Motor Accident Claims Tribunal, Ernakulam. The main contention in the appeal is that since the driver who was the 2nd respondent before the court below, did not have a valid driving licence, the Insurance Company ought to have been completely exonerated from the liability to satisfy the award. The Tribunal while passing the award, directed the appellant to satisfy the award and recover the same from the owner and driver of the offending vehicle. 2. The vehicle involved is a taxi car. The 3rd respondent has produced photo copies of the badge as well as the driving licence to show that he was holding a badge as well as a valid driving licence at the time of the accident. Since that is a matter to be considered by the Tribunal and also since the 3rd respondent driver was ex parte before the Tribunal, that authority did not M.A.C.A. No. 2849/2008 : 2 : have the opportunity of considering the question as to whether the driver was having a badge as well as a valid driving licence. Hence, the 3rd respondent is given an opportunity to produce the original driving licence as well as the badge in the proceedings in which the Insurance Company/appellant would be seeking recovery of the award amount from the owner and driver. No other contention is raised in this appeal which is accordingly dismissed giving the opportunity to the driver to produce the original badge and driving licence before the Tribunal at the appropriate stage. Dated this the 4th day of June, 2009. V. RAMKUMAR, JUDGE. rv M.A.C.A. No. 2849/2008 : 3 :