IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 MACA.No. 2171 of 2007() ----------------------------------- OP(MV) NO.1818/99 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. ....... APPELLANT(S): RESPONDENTS 1 & 2: --------------------------------------------------------- 1. K.M.NASSARUDDIN, S/O.ABDUL MAJEED, AGED 46, PALLIKKUNNEL HOUSE, HIGHWAY BYPASS ROAD, NETTOOR, ERNAKULAM. 2. B.PUNNUSWAMY, S/O.KUPPUSAMY, AGED 34, NEAR VEDIKKARAMPATTY, PANGANATHAM P.O. TAMIL NADU. BY ADV. SRI.P.T.JOSE RESPONDENT(S): RESPONDENTS 3 & 4 AND PETITIONER: --------------------------------------------------------------------------------------- 1. THE ORIENTAL INSURANCE COMPANY LTD., COCHIN - 24. 2. O.V.RAMACHANDRAN, S/O.VELAYUDHAN, AGED ABOUT 63, OLIPARAMBIL HOUSE, NEAR MAHILA SAMAJAM, S.N.PURAM, THAIKKATTUKARA, ALUVA VILLAGE. 3. UNITED INDIA INSURANCE COMPANY LTD, COCHIN - 16. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2171 OF 2007 = = = = = = = = = = = = = = = Dated this the 17th day of December, 2008. J U D G M E N T This appeal is preferred by respondents 1 and 2 in O.P. (MV)1818/99 of the Motor Accidents Claims Tribunal, Ernakulam. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.89,500/-. The Tribunal found that despite direction to produce vehicular documents the owner and driver did not produce the same and so an adverse inference is drawn and therefore it gave a right of recovery to the insurance company against respondents 1 and 2. It is against that decision respondents 1 and 2 have come up in appeal. They have produced some documents along with I.A.3459/08 which are the policy copy as well as the copy of the driving licence. It is only a photocopy and it indicates that the previous driving licence expiry date was 21.4.05 and that transport vehicle badge was given in 1996. So there is some force in the contention that there was a valid driving licence if what is stated in the photocopy is true. But this Court M.A.C.A. 2171 OF 2007 -:2:- cannot decide the question with a mere photocopy and further particulars has to be given to the insurance company for adducing evidence with respect to the same. Since the matter has to go back, it is desirable, if there is any challenge against the claim amount that can also be considered as the appellants are competent to challenge the same as the owner and driver of the vehicle. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for fresh consideration after permitting the appellants herein to file written statement and then produce documents in support of their contentions. The claimant as well as the insurance company is also permitted to file additional pleadings, if any, and produce documents and adduce evidence, if necessary, and the Tribunal shall dispose of the matter after framing appropriate issues in accordance with law. Parties are directed to appear before the Tribunal on 21.1.09. As a matter of abundant caution let the applicant take notice to the claimant also after he enters appearance. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. M.A.C.A. 2171 OF 2007 -:3:- ul/-