IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 2102 of 2006() ----------------------- OPMV.96/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/RESPONDENTS 1 & 2: ------------------------------------------------------- 1. SAJI THOMAS, KALLRACKAL HOUSE, ELAVOOR P.O., ANGAMALI. 2. FRANCIS @ SHAIJU, S/O.JOSE, KONUPARAMBIL HOUSE, KARUKUTTY P.O., ANGAMALI. BY ADV. SRI.ROY THOMAS SRI.N.M.VARGHESE RESPONDENTS: PETITIONER:3RD RESPONDENT: --------------------------------------------------------------------------- 1. USHA, W/O.RAJPAL, PALAKAPURATH HOUSE, IRATTAYAR, KATTAPANA. 2. THE ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, KOCHI-35. BY ADV. DR. ELIZABETH VARKEY -SC ORIENTAL INSURANCE CO.-R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.NO.2347/2006 IN M.A.C.A.NO.2102/2006 DISMISSED 25/06/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2102 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P.(MV)96/03. The owner and driver of the vehicle involved in the accident who remained exparte before the tribunal are the appellants before me. The Tribunal held that there is no driving licence for the driver at the time of the accident and therefore granted right of recovery to the insurance company. It is against that decision, the present appeal is preferred. 2. Along with the appeal learned counsel had produced annexure to indicate that one Shiju Jose was having driving licence. It is seen from that document that for a light motor vehicle there was licence from 2.3.93 for heavy passenger motor vehicle, from 29.4.95. It is only a photocopy. The accident had taken place on 18.6.95. It is true that there had been negligence in not entering appearance and not filing written statement before the Tribunal but if really there M.A.C.A. 2102 OF 2006 -:2:- is a driving licence then necessarily the insurance company may be bound to indemnify and therefore I propose to give an opportunity to the owner and driver to establish the factum of driving licence. Therefore the award under challenge is set aside to the limited extend of considering the point whether the driver had a valid driving licence on the date of the accident and whether the insurance company is liable to be exonerated from the liability in the light of his contentions. The Tribunal shall take into consideration the factum laid down by the Apex Court in very many decisions, after permitting the present appellants herein to file a written statement and giving an opportunity to the insurance company to file additional written statement and after permitting the parties to adduce and produce documentary as well as oral evidence and then decide the case in accordance with law. Parties are directed to appear before the Tribunal on 4.8.08. M.N. KRISHNAN, JUDGE. ul/-