IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 MACA.No. 2421 of 2008(G) ------------------------------------- (O.P(MV).NO.1527/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE) .................... APPELLANT/SUPPLEMENTAL 4TH RESPONDENT IN THE O.P(M.V): ------------------------------------------------------------------------------------------------ NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI-682 035. BY ADVS. SRI.LAL GEORGE, SMT.ANN SUSAN GEORGE. RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 3 AND SUPPLEMENTAL RESPONDENT NO.5: ---------------------------------------------------------------------------------------------------------------- 1. JITHANA UMAR, D/O. A.P. UMAR KOYA, AGED 21 YEARS, 34/425, LAVE DALE, KALATHIL ROAD, CIVIL STATION, 673 020. 2. AHAMED NAZEER M.M, S/O. MUHAMMED, MALIACKAL HOUSE, KAVUMKARA, MARKET P.O. MUVATTUPUZHA, IDUKKI DISTRICT. 3. REJI, S/O. BABU, AGED 21 YEARS, ARAKKAL VEETTIL, THANIKANDAM, PAINAV KARAYIL, IDUKKI DISTRICT. 4. M.P.VIJAYAN, MANTHALIRUMBAYIL HOUSE P.O. NEDIYASALA, THODUPUZHA, IDUKKI DISTRICT. R1 BY ADV. SRI.R.BINDU (SASTHAMANGALAM). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 2421/2008-G: ORDER ON I.A. NO. 2889/08 IN M.A.C.A. NO. 2421/2008-G DISMISSED 03/06/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2421 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)1527/01. The claimant while driving in an auto rickshaw sustained injuries in a road accident and the Tribunal found that the accident took place on account of the negligence of the auto rickshaw driver and awarded him a compensation of Rs.74,826/- and made respondents 2, 4 and 5 in the claim petition liable and ultimately directed the 4th respondent National Insurance Company to deposit the amount. It is against that decision the National Insurance Company has come up in appeal. 2. Heard the learned counsel for the appellant. The principal contention raised is that the driver of the auto rickshaw did not have a valid driving licence and badge. It is submitted by him that this is evidenced by Ext.B2. He had also shown me a copy of Ext.B2. Ext.B2 would show that the M.A.C.A. 2421 OF 2008 -:2:- licence's validity is from 8.3.01 to 7.3.2021 and the badge's validity is from 27.11.03 to 26.11.06. The accident in this case had taken place on 19.1.2001. So if Ext.B2 is true and correct there was neither licence nor badge for the auto driver. In the additional written statement filed by the National Insurance Company it has specifically denied about the existence of a valid driving licence for the auto driver. 3. I do not know why the Tribunal very casually had stated in paragraph 7 of the award that Ext.B2 would show that the driver of the vehicle had valid driving licence. I think it is an erroneous finding which requires reconsideration. It is also stated that there is no evidence to show that the 5th respondent has transferred the vehicle. It is not seen to whom it has been transferred by the pleadings extracted in the case. So let that also be considered in this case. Therefore the entire award is set aside and the matter is remitted back to the Tribunal with a direction to consider the matter afresh after affording equal opportunities to all concerned for producing both documentary as well as oral M.A.C.A. 2421 OF 2008 -:3:- evidence in support of their respective contentions and the insurance company is directed to take out notice to all the parties except United India Insurance Company for proper disposal of the matter, after it enters appearance before the Tribunal. Parties are directed to appear before the Tribunal on 15.7.2010. M.N. KRISHNAN, JUDGE. ul/-