IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 407 of 2008(B) --------------------------------- OPMV.2218/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 1ST RESPONDENT ----------------------------------------- ABDUL BASHEER, S/O.ABDUL KABEER AMBATTUPARAMBIL, AMAKULAM, VADAKKANCHERY PALAKKAD. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT(S): RESPONDENTS 2 AND 3 -------------------------------------------------- 1. ISMAIL, S/O.MUTHU RAWTHAR, KUTTUKODE VADAKKANCHERY, PALAKKAD. 2. UNITED INDIA INSURANCE CO.LTD., REP. BY DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE, THRISSUR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 407 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2008. J U D G M E N T This appeal is preferred by the owner of the vehicle involved in the accident against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2218/01. The Tribunal found that a case has been registered against the driver for driving a van without driving licence and therefore it had given a right of recovery to the insurance company for the breach of policy conditions. It is against that decision the owner has come up in appeal. Along with the memorandum of appeal a photocopy of the licence is produced. The learned counsel also made available before me the original of the driving licence. The original of the driving licence, if true, would show that the licence is valid from 7.2.97 to 6.2.2017. it is issued by the licensing officer Ramnad in Tamil Nadu. Learned counsel for the insurance company would contend that a chance may be given so as to find out the truthfulness of the documents. I feel it is M.A.C.A. 407 OF 2008 -:2:- desirable that the licence is proved to the satisfaction of all so that there will not be any mistake in the decision. Therefore the appeal is allowed in part and the matter is remitted back to the Tribunal for deciding the interse liability between the owner and the insurance company and both sides are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and then the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 9.1.09. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-