IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 MACA.No. 2774 of 2009() -------------------------------- OPMV.287/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- V.K.ANISH, AGED 28, S/O.KRISHNANKUTTY, VARIKKANICKAL HOUSE, ERATTUPETTA VILLAGE, THALAPALAM KARA, KOTTAYAM DISTRICT. BY ADV. MR.G.SREEKUMAR (CHELUR) MR.GINESH.P. M.K.RAVI (PARIYARATH) RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 3 ----------------------------- 1. NANDA KISHORE @ ACHU, (MINOR), AGED 9, REP. BY THE NEXT FRIEND JAYAKRISHNAN, KOTTARATHIL HOUSE, THALAPALAM KARA, ERATTUPETTA VILLAGE, KOTTAYAM DISTRICT. 2. KUNJUMON, S/O.THANKAPPAN, MALIYIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM DISTRICT. 3. THE ORIENTAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE -II, TRIO CHAMBERS, KANJIKUZHI, KOTTAYAM. R1 BY ADVS. MR.RAJEEV V.KURUP, MR.ALEX.M.SCARIA. 3 BY MR.VPK.PANICKER THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ODE ON IA. NO.3284/2009 IN MACA. NO.2774/2009 DISMISSED 19/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss ORDER ON IA. NO. 3284/2009 IN MACA. NO. 2774/2009 DISMISSED 19/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2774 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)287/07. The claimant, a pedestrian sustained injuries in a road accident and the Tribunal has awarded him an amount of Rs.41,000/- as compensation and directed respondents 1 and 2 to pay the amount jointly and severally. The insurance company was exonerated on the ground that the driver did not have a valid driving licence in the sense that the document produced by him was a fake licence. Now it is against that decision the rider of the motorcycle has come up in appeal. He would contend that the insurance company has not proved that there was no valid driving licence for the rider. When he enters appearance and files an appeal he is the most competent person to show regarding the validity of a correct licence. It is true that primary responsibility is on the insurance company to prove the absence of a licence. They M.A.C.A. 2774 OF 2009 -:2:- have produced the letter issued by the authorities to the effect that after 1998 the Department never used to issue licence in the form of a book. So taking into consideration those aspects the Tribunal felt that the photocopy produced is a fake licence and therefore exonerated the insurance company from the liability. Now if the rider of the bike is confident that he is having valid driving licence, then this Court does not stand in the way of giving an opportunity to him to establish that there was a valid driving licence. Needles to say the insurance company as well as the claimant can also put forward their contentions regarding the correctness and genuineness of the driving licence. Therefore the award under challenge is set aside on the question of licence alone and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before M.A.C.A. 2774 OF 2009 -:3:- the Court below on 23.2.2010. The present appellant may also take out notice to the owner of the vehicle after he enters appearance for the reason his rights are likely to be affected. M.N. KRISHNAN, JUDGE. ul/-