IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 MACA.No. 2874 of 2009() ----------------------------------- OPMV.833/1998 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/1ST RESPONDENT --------------------------------------------- ABY PRASAD, AGED 41 YEARS, SON OF K.S.STEPHEN, MERCY COTTAGE, YMCA CROSS ROAD, KOZHIKODE DISTRICT. BY ADV. MR.JACOB ABRAHAM, SMT.KOCHUMOL KODUVATH. RESPONDENTS/2ND RESPONDENT AND PETITIONER ------------------------------------------------------------------------------ 1. THE ORIENTAL INSURANCE CO. LTD., CHEROOTY ROAD, KOZHIKODE. 2. P.K. VIJAYAN, SON OF APPU NAIR, PERIYAMKUNATHU HOUSE, KURUVATTOOR, KAKKODI, KOZHIKODE DISTRICT. R1 BY ADV. MR.GEORGE CHERIAN (THIRUVALLA). R2 BY ADV. MR.IYPE JOSEPH. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2874 OF 2009 ............................................. Dated this the 1st day of February, 2010. J U D G M E N T This is an appeal preferred by the owner of the vehicle in OP(MV)No.833/1998 of the Motor Accidents Claims Tribunal, Kozhikode.The claimant was awarded a compensation of Rs.14,100/= with 6% interest and the insurance company was exonerated from the liability on the ground for not proving the existence of a valid policy and regarding the valid driving licence. Along with the appeal, the owner has produced copy of the insurance policy, copy of the driving licence, and particulars issued by the registration authority. If these thing are proved properly, then it may result in the insurance company being liable to pay the amount. 2. The learned counsel for the appellant prays for an opportunity to prove those documents before the court. I am inclined to grant an opportunity. 3. Therefore the order under challenge is set aside and the matter is remitted back to the Tribunal with a : 2 : M.A.C.A.No.2874 OF 2009 direction to permit the appellant herein, who is the owner, to prove his contentions regarding correctness of the policy as well as the driving licence of the rider of the vehicle. For that purpose let he be permitted to produce documentary as well as oral evidence in support of his contention and the insurance company and the claimant are also entitled to produce any documents if they choose to do so. 4. There is a delay of 791 days in filing the appeal, that is from 5.5.2007 to 3.11.2009. If the Tribunal feels that materials are not sufficient, it can decide whether the owner has to pay interest in case of ultimate liability for this period. That may be decided after permitting the parties to put forward their contentions so as to find out whether there has been real negligence to start with. Parties are directed to appear before the Tribunal on 02.03.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2874 OF 2009 : 4 : M.A.C.A.No.2874 OF 2009