IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MFA.No. 730 of 2002(E) ------------------------------- OPMV.993/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANTS/RESPONDENTS NO.1 & 2: --------------------------------------------------------- 1. ANILKUMAR, AGED 34 YEARS, S/O. APPUTTY, MULAYATHADUKKAM, VELLIPARAMBU, UTTIKKATTUR VILLAGE, KOZHIKODE MEDICAL COLLEGE, P.O., KOZHIKODE. 2. P.M. MUHAMMED, S/O. KHADER, POOLAKKAMANNIL HOUSE, P.O. PADANILAM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/RESPONDENT NO.3/PETITIONER: ----------------------------------------------------------------------- 1. THE MANAGER, UNITED INDIA INSURANCE CO.LTD., CITY BRANCH OFFICE, MAVOOR ROAD JUNCTION, KOZHIKODE-673 001. 2. THIDIL MAYINKUNHI @ MUHAMMED KUNHI, AGED 41 YEARS, S/O. ABOOBACKER, T.K. HOUSE, KALIKKADAVU, PILICODE VILLAGE, HOSDURG TALUK, P.O. PILICODE, KASARGOD DISTRICT. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 730 OF 2002 = = = = = = = = = = = = = = = Dated this the 29th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kasaragod in OP(MV)993/98. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of RS.45,150/-. So far as the liability is concerned the Tribunal found that respondents 1 and 2 in the application did not produce valid driving licence and badge and therefore ordered the insurance company to pay the amount and get it reimbursed from the 2nd respondent. It is against that decision the present appeal is preferred. 2. Along with the appeal they have filed CMP 4308/02 and produced documents to indicate that there had been valid driving licence for the driver. Today the learned counsel for the appellant also made available for perusal an extract issued by the Motor Vehicles Department. The accident had taken place on 18.11.97 and the document produced would show MFA 730 of 2002 -2- that the licence was renewed on 19.10.95 and it is valid up to 19.10.98. So it indicates the presence of a valid licence and the earlier extracts would reveal that he is authorized to drive heavy goods passenger vehicle. These documents are to be produced before the Tribunal and evidence had to be adduced to satisfy the Tribunal that there was an effective valid driving licence and badge on the date of the accident so that the insurance company need not be exonerated from the liability. Therefore I set aside the award of the Tribunal so far as it relates to the interse liability between the insurance company and the 2nd respondent is concerned and permit the 2nd respondent in the claim petition namely the owner to produce documentary as well as oral evidence in support of his contention regarding the validity of the licence. 3. Needless to say, the insurance company also be permitted to adduce evidence with respect to its contentions and the matter be disposed of in accordance with law. Since the claimant has already been paid the compensation the junction of the claimant is not necessary for a proper disposal MFA 730 of 2002 -3- of the case. Parties are directed to appear before the Tribunal on 3.9.2008. Being an old matter the matter be disposed of at the earliest. The MFA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- MFA 730 of 2002 -4- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 730 OF 2002 = = = = = = = = = = = J U D G M E N T 29th July, 2008.