IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 OP.No. 14874 of 2002(U) ---------------------------- PETITIONER: ------------ NATIONAL INSURANCE CO.LTD., NOW REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, REGIONAL OFFICE, AJAY VIHAR, M.G. ROAD, KOCHI-16. BY ADV. SRI.MATHEWS JACOB RESPONDENTS: ------------- 1. THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR. 2. SHAJI, S/O. SUBRAMANIYAN, KOYAPPA PUTHUKATTIL HOUSE, ARIYALLUR P.O., MALAPPURAM DISTRICT. 3. MOHAMMED ABDUL RAHIMAN, S/O. MOHAMMED NAHA, KIZHAKKAINIYAKATH HOUSE, NEDUVA, PARAPPANANGADI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.ESM.KABEER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 14874/2002 : 2 : ORDER ON C.M.P. NO. 25174/2002 IN O.P. NO. 14874/2002 DISMISSED 26.03.2008 SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE JUDGMENT DT. 25.04.2000 IN O.P.(MV) 772 OF 1996. /True Copy/ P.A to Judge. T.R.RAMACHANDRAN NAIR, J = = = = = = = = = = = = = = = = O.P.No. 14874 OF 2002-U = = = = = = = = = = = = = Dated this the 26th day of March, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T The award of the Motor Accidents Claims Tribunal is under challenge in this original petition. As per the award, the Tribunal granted an amount of Rs. 7,500/- with 12% interest to the injured as compensation. The contention raised herein is that there was no valid licence and therefore the insurer is not liable to satisfy the award. The Tribunal has considered the question in paragraph 7, while considering the issues 2 and 3. It was noticed by the Tribunal that even though the police had filed charge sheet against the driver for driving the vehicle without a valid driving licence, before the Tribunal, Ext.X1, extract of driving licence was produced by the Joint RTO, Tirur. It will show that the 1st respondent was having valid driving licence as on the date of accident. This is a finding of fact based on relevant evidence which cannot be said to be so perverse warranting interference by this court under Article 227 of the Constitution of India. The award does not call for any interference. OP is dismissed. T.R.RAMACHANDRAN NAIR JUDGE bkn/-