IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 MACA.No. 646 of 2010() ---------------------------- OPMV.382/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S)/RESPONDENTS 1 & 2 ------------------------------------------- 1. JOSHY, S/O. THOMAS, PARAKKAL HOUSE, PANDACKAL, KARUKUTTY, PADUVAPURAM P.O. 2. JOLLY THOMAS, S/O. THOMAS, PARAKKAL HOUSE, KARUKUTTY, PADUVAPURAM P.O. BY ADV. SRI.C.A.JOY RESPONDENT(S)/PETITIONER AND RESPONDENTS 3 & 6 ------------------------------------------------------------------- 1. SABU, S/O. PAULOSE, PAREKATTIL HOUSE, ANGAMALY. 2. NATIONAL INSURANCE CO. LTD., ALUVA DIVISIONAL OFFICE, P.B. NO. 89, URUMBATH BUILDING PUMP JUNCTION, ALUVA. 3. VARGHESE A.K., S/O. KUNJAVARA, PUTHUSSERY HOUSE, NEYATHODE P.O., ANGAMALY. 4. MR. SHAMSUDHEEN, CHITTAYATHIL HOUSE, MARKET P.O., MUVATTUPUZHA. 5. UNITED INDIA INSURANCE CO. LTD., B.O. MUNICIPAL SHOPPING COMPLEX, KACHERITHAZHAM, MUVATTUPUZHA. R1 BY ADV. SRI.DINESH MATHEW J.MURICKEN R2 BY ADV. SMT.RAJI T.BHASKAR R4 BY ADVS. SMT.PRAMEELA.C.K. SMT.VALSAMMA STEPHEN (MUVATTUPUZHA) R5 BY ADV. SRI.P.MURALEEDHARAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2010, ALONG WITH M.A.C.A. NO.869/2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.N.KRISHNAN, J -------------------------------- M.A.C.A.NOS.646 AND 869 OF 2010 --------------------------------------------------------- Dated this the 6th day of December, 2010 JUDGMENT Both these appeals are preferred against the award of the Claims Tribunal in OP(MV).No.382/1999 and 1128/1999. The tribunal has passed an award of Rs.16,200/- and in the other case for Rs.5,700/-. The tribunal found that there is no evidence to prove the validity of a proper driving licence for the driver and therefore, ordered the Insurance Company to pay the amount and recover it from the owner of the vehicle. It is challenging the same the appeal is preferred. Along with the appeal documents are produced. A perusal of the documents produced would show that he had been authorised to drive heavy driving vehicles with effect from 23-06-1993 and badge was also seen to be issued. If these documents are proved and as the accident had taken place on 24-07-1998 it will have significance on the same and therefore, it is desirable that an opportunity is given to the appellants to substantiate their contentions before the tribunal. Therefore, the award under challenge so far as the recovery right against the owner is set aside and the matter is remitted back to the Tribunal to consider the question whether the Insurance Company is entitled to get an order of M.A.C.A.NOS.646 AND 869 OF 2010 2 recovery from the owner. For the said purpose parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions to substantiate the case so as to the existence of a valid driving licence on the date of the accident. Needless to say that the Insurance Company can also raise their contentions. I had already directed the cost as Rs.3,000/- to be paid to the counsel for the Insurance Company. The parties are directed to appear before the Tribunal on 10-01-2011 and if the receipt of evidencing payment of cost to the counsel for the Insurance Company is not produced before the trial court it is at liberty to disallowe the prayer of the appellants for which the matter has been remanded. Parties are directed to appear before the Tribunal on 10-01-2011. Send back the records also immediately. M.N.KRISHNAN,JUDGE pm