IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 MACA.No. 2880 of 2009 --------------------------------- [O.P(MV).NO.135/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD] .................... APPELLANTS/RESPONDENTS 1 & 2: ---------------------------------------------------- 1. SANJEEVA, S/O.JENNU NAYAK, R/AT MICHINADKA HOUSE, POST KUNTIKANA. 2. JATHAPPA RAI, S/O.BHANDARY BAI, MUNIYOOR HOUSE, BADADKA, POST PERDALA, KASARAGOD. BY ADVS. SRI.M.RAMESH CHANDER, SMT. K.A. SANJEETHA. RESPONDENTS/PETITIONERS 2 & 3 AND RESPONDENT 3: ------------------------------------------------------------------------------------ 1. MRS.BABY, AGED 28 YEARS, (SINCE DEAD) SUPPL.PETITIONERS. 2. CHANDRA.B, AGED 44 YEARS, S/O.MAHALINGA PATALI, R/AT BAIKUNJE, POST PALLATHADKA, KASARAGODE TALUK. 3. SHRIKANTH, AGED 9 YEARS, S/O.BABY, (MINOR REPRESENTED BY 2ND PETITIONER AS LEGAL GUARDIAN). 4. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD., HIGHLANE PLAZA, KASARAGOD. R4 BY ADV. SRI.P.JAYASANKAR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J. ------------------------- M.A.C.A. No. 2880 of 2009 ------------------------------------------ Dated this the 8th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kasaragod in OP(MV) No.135/2002. The claimant, a passenger in auto rickshaw sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.26,000/- and directed the respondents to pay the amount and further ordered the right to recover for the insurance company from respondents 1 and 2. It is against that decision, respondents 1 and 2 in the claim petition have come up in appeal. The right to recover was ordered on account of the absence of a driving licence by the driver at the time of the accident. 2. Learned counsel for the appellant submit before me that there was an effective valid driving licence and therefore, he should given an opportunity to substantiate the same before the Tribunal. A copy of the licence is produced as Annexure-A1. If Annexure A1 is true, then it appears that the driver did have a valid driving licence from 27.01.1999 to 26.01.2002 to drive a transport vehicle. The accident occurred on 24.09.2001. As M.A.C.A. No. 2880 of 2009 2 regards the validity of the licence only a photocopy is made available and it requires production of the original or authenticated copy, in order to decide the case. Therefore, I am inclined to grant an opportunity to the appellant to prove regarding the interse liability between the owner and insurance company. The Tribunal is directed to permit both sides to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. The parties are directed to appear before the Tribunal on 12.11.2010. M.N.KRISHNAN, JUDGE ln.