IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 MACA.No. 1740 of 2008() ----------------------------------- OPMV.935/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): 3RD RESPONDENT:- ---------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, OTTAPALAM. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): PETITIONER & R1 & R2 ------------------------- 1. VIPINKUMAR (MINOR) AGE 12 YEARS, REP. BY GUARDIAN FATHER VELAPPAN, PUTHUSSERIYIL HOUSE, THEKKUMURI, POST, CHERPULASSERY. 2. ABDUL RAHIMAN, AGED 19 YEARS, S/O HAMZA, AVANGIKADAN HOUSE, THACHANGAD, MARAYAMANGALAM, 3. P.SHAMEER, PULAKKOTTIL HOUSE, CHUNDAMPATTA, VILAYOOR, PATTAMBI. ADV. SRI.V.CHITAMBARESH (SR.) FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.G.SREEKUMAR (CHELUR) FOR R3 SRI.K.RAVI (PARIYARATH) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.2094/2008 IN MACA. NO.1740/2008 Dismissed 23.01.2009 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1740 OF 2008 = = = = = = = = = = = = = = = Dated this the 23rd day of January, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ottappalam in O.P.(MV)935/05. The claimant sustained injuries in a road accident when he was hit by an auto rickshaw while he was walking along the side of the road. The Tribunal awarded him a total compensation of Rs.26,150/- and directed the insurance company to pay the amount. It is against that decision the insurance company has come up in appeal. 2. Heard the counsel for the insurance company, owner and the claimant. It is the contention of the learned counsel for the insurance company that a perusal of the charge sheet reveal that the driver did not have an effective valid driving licence as on the date of accident and it amounts to breach of policy conditions and therefore the insurance company is not liable to pay the amount. It is seen from the photocopy of the charge sheet that the driver M.A.C.A. 1740 OF 2008 -:2:- did not have a valid driving licence. The Tribunal in paragraph 11 has just mentioned that no evidence was adduced to show that R1 was having no driving licence. The charge sheet shows that there is no driving licence. There is prima facie materials available and the driver who had entered appearance did not produce the same. Therefore the Tribunal should not have casually dealt with the matter and therefore I feel the matter requires reconsideration. The owner wants permission to file a written statement and contest the case. It has to be permitted for the reason ultimately he will be liable in case the insurance company succeeds. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal so far as it relates to the question of liability is concerned and the parties are permitted to adduce documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the Tribunal on 25.2.09 and the Tribunal is directed to dispose of the matter as expeditiously M.A.C.A. 1740 OF 2008 -:3:- as possible at any rate within two months from the date of first appearance of the parties before the Court below. M.N. KRISHNAN, JUDGE. ul/-