IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 MACA.No. 709 of 2005(D) -------------------------- OPMV.1219/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S): 3RD RESPONDENT: ----------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, THIRD PARTY CELL, VETTUKATTIL BUILDINGS, KOCHI-16. BY ADV. SRI.M.A.GEORGE RESPONDENT(S)/CLAIMANT & SUPPL. CLAIMANTS 2 TO 6 & RESPONDENTS 1,2,4 : ---------------------------------------------------------------------- * 1. PRADEEP KUMAR, S/O.KRISHNAN MANNADIYAR, RESIDING AT RAMANI HOUSE, KADANODE P.O., PALAKKAD DISTRICT. (DELETED) 2. K.KRISHNAN, S/O.KUTTIYAPPATHARAKAN, RAMANI NIVAS, KADAMKODE, PALAKKAD. 3. PONNAMMA, W/O.KRISHNAN, RESIDING AT DO DO. 4. ARUMUGHAN, S/O.KRISHNAN, RESIDING AT DO. DO. 5. SANTHOSH, S/O.KRISHNAN, RESIDING AT DO. DO. 6. PONNU, D/O.KRISHNAN, RESIDING AT DO..DO. 7. V.ASHOKAN, S/O.VASU, MELEPURA, PANDARAKAVU, KIZHAKKAYAKKARA, PALAKKAD. 8. M.DAMODARAN, S/O.MADHAVAN, ELAMANNAM, THENKURUSSY, PALAKKAD. 9. RAM. S/0.JAYASANKAR, RAM NIVAS, EAST YAKKARA, KUNNATHORMEDU P.O., PALAKKAD. 10. NATIONAL INSURANCE CO.LTD., BRANCH OFFICE, T.B.ROAD, PALAKKAD. * R1 IS DELETED FROM THE PARTY ARRAY VIDE ORDER DTD.14.11.08. ADV. SRI.LAL GEORGE FOR R-10 SRI.JOHNSON P.JOHN FOR R8 SRI.BABY MATHEW FOR R8 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 709 OF 2005 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1219/96. The claimant, has been awarded a compensation of Rs.17,500/- with 9% interest and the 3rd respondent, United India Insurance Company is directed to pay the amount. It is against that decision the insurance company has come up in appeal. 2. It is the contention of the company in its additional written statement that the rider of the vehicle did not have a valid driving licence at the time of the accident and further a petition was moved for producing the licence and it was not produced also. But unfortunately the Tribunal did not raise an issue regarding the licence and the said point was not considered by it in its award. Therefore the matter requires reconsideration at the hands of the Tribunal. So the award under challenge is set aside so far as it relates to the M.A.C.A. 709 OF 2005 -:2:- liability between the insurance company and the owner is concerned and for the said purpose let the parties be permitted to adduce both documentary as well as oral evidence in support of their respective contentions and let the matter be disposed of in accordance with law. If the owner does not appear before the Court a notice may be taken to him so that there can be an effective disposal of the case. Parties are directed to appear before the Tribunal on 26.4.2010. M.N. KRISHNAN, JUDGE. ul/-