IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1481 of 2007() ----------------------- OPMV.43/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANTS/ RESPONDENTS 1 AND 2: -------------------------------------------- 1. M.M. JAMES, S/O. MATHAI, PIRALIMATTOM, KADALIKAD, VAZHAKKULAM. 2. BENNY MATHEW, S/O. MATHEW, THADATHIL HOUSE, KADALIKKAD, VAZHAKKULAM. BY ADV. SRI.RENJITH B.MARAR RESPONDENTS/ PETITIONER/ 3RD RESPONDENT: ------------------------------------------------------ *1. UMMAR, S/O. MUHAMMAD, AGED 40 YEARS, ALUMCHUVATTIL HOUSE, KAPPUKARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. [R1 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS AS PER OR DT. 18.8.07 IN IA 1811/07]. 2. THE MANAGER, THE NEW INDIA INSURANCE CO. LTD., MADAPPARAMBIL CHAMBERS, M.C. ROAD, MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA No. 1753/07 IN MACA No.1481/07 DISMISSED 19.8.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1481 OF 2007 --------------------- Dated this the 19th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 43/03. The owner and driver are the appellants before this court. The Tribunal found that there is no valid driving licence for the driver and hence directed the Insurance Company to pay the amount and get it reimbursed from respondents 1 and 2 in the claim petition. 2. Now in the appeal it is contended that there is a valid driving licence for the driver and to show the bonafide he had produced a photocopy of the licence as per IA 1812/07. A perusal of the said document would reveal that the licence has been renewed for the period from 13.6.01 to 14.12.2010. The accident had taken place in the year 2003. If it is true, then the Insurance Company may not be entitled to get an order of reimbursement. Therefore, I feel an opportunity has to be given to the appellants herein to produce the original of the licence and adduce evidence to show that there was a valid driving licence at the time of the accident. MACA No. 1481/07 2 Therefore, the finding of the Tribunal so far as it relates to the inter se liability between the owner and the Insurance Company is concerned is set aside and the matter is remitted back to the Tribunal for fresh disposal after affording opportunity to the Insurance Company as well as the appellants herein to produce documentary as well as oral evidence in support of their respective contention with regard to the existence of a valid driving licence. Parties are directed to appear before the Tribunal on 6.10.08. M.N.KRISHNAN, JUDGE vps MACA No. 1481/07 3