IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 MACA.No. 166 of 2008() ----------------------------------- OPMV.105/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 1ST RESPONDENT -------------------------------------- MOOSA, S/O. BAVAKUTTY, VALIYAPARAMBIL HOUSE, PAYIPRA KARA, MULAVOOR VILLAGE, MUVATTUPUZHA TALUK. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): CLAIMANT & RESPONDENTS 2 & 3 ------------------------------- 1. SHAKEELA, W/O. ANTHRU, CHENNARAYIL HOUSE, PEZHAKKAPPILLY, MUVATTUPUZHA. 2. SHEIKH ISMAIL, S/O. A.P.S.KHADER MYTHEEN, ALAMKULAM HOUSE, MARARI P.O., PAYIPARA. 3. M/S. NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, DAMODAR CHAMBERS, TRIPUNITHURA, REPRESENTED BY ITS BRANCH MANAGER. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.166 OF 2008 ===================== Dated this the 24th day of October 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)No.105 of 2003. The claimant sustained injuries in a road accident and he was awarded a compensation of Rs.22,142/-. The Tribunal found that the driver of the auto rickshaw did not have the valid permit and fitness certificate and therefore directed the insurance company to pay and recover it from the owner. Now it is submitted by the learned counsel for the appellant that there are valid documents and only on account of the factum that the matter was not contested he was unable to produce the documents. If there is vehicular documents as well as driving license or badge necessarily the insurance company may not succeed in relation to the question of breach of policy conditions. Therefore I set aside the award so far as it relates to the inter se liability between the owner and the insurance company. The appellant herein is permitted to file a written statement and produce necessary MACA 166/2008 -:2:- documents to prove that the vehicle had a valid fitness certificate,permit and other license particulars. Needless to say that the insurance company can also adduce evidence in support of their contentions. The presence of the claimant may be dispensed with as his junction is not necessary. Parties are directed to appear before the Tribunal on 10.12.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-