IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 MACA.No. 504 of 2007(F) ---------------------- OPMV.1880/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT(S): /2ND RESPONDENT -------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., DIVISIONAL OFFICE, PALAYAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.KKM.SHERIF SRI.P.A.MOHAMMED ASHROF SRI.A.A.ZIYAD RAHMAN SMT.RUKMA S RAJ RESPONDENT(S): CLAIMANT & 1ST RESPONDENT ------------------------------------------------- 1. S.ABDUL HAMEED, S/O SYED MUHAMMED, THALLYIL VEEDU, PACHIRA, PALLIPURAM P.O., THIRUVANANTHAPURAM. 2. BABU CHANDRAN, KADYARA VEEDU, KARIKKAKOM, THIRUVANANTHAPURAM. ADV. SRI.P.V.ANIL FOR R.2 SRI.V.AJAKUMAR FOR R1 SRI.T.M.CHANDRAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 504 OF 2007 = = = = = = = = = = = = = = = Dated this the 20th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thiruvananthapuram in O.P.(MV) 1880/02. The Tribunal awarded the claimant a sum of Rs.68,000/- and directed the respondents to pay the amount. Or in other words made the insurance company also liable for the amount. The grievance of the insurance company is that the contention that the driver did not have a valid driving licence on the date of accident has not been considered by the Tribunal at all. I had perused the copy of the written statement supplied to me and in paragraph 7 of the written statement there is a specific contention that the person who drove the scooter did not have a valid driving licence and he has been charge sheeted for the same. Since the said contention has not been considered at all the matter requires reconsideration at the hands of the Tribunal. Therefore the M.A.C.A. 504 OF 2007 -:2:- award under challenge is set aside so far as it relates to the interse liability between the owner and the insurance company is concerned and the matter is remitted back to the Tribunal with a direction to frame an appropriate issue regarding the liability of the insurance company and also permit the first respondent in the claim petition to file a written statement and then dispose of the matter in accordance with law. All the contentions raised by the first respondent be considered as well to avoid future complications. Parties are directed to appear before the Tribunal on 19.12.2009. M.N. KRISHNAN, JUDGE. ul/-