IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 MACA.No. 1755 of 2008(A) ------------------------------------- M.V.O.P.NO.1242/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ 1ST RESPONDENT: ----------------------------------------------- ABDUL MAJEED, AGED 44, S/O.KARUKATHALA ABDUL RAHIMAN, KATTOOR VILLAGE, PONJANAM.P.O, KATTOOR, THRISSUR, KERALA, PIN-680702. BY ADV. SRI.JOHN NUMPELI (JUNIOR), ADV. SRI.P.V.PAULSON. RESPONDENTS/ PETITIONER/ 2ND AND 3RD RESPONDENTS: ---------------------------------------------------------------------------------------- 1. NARAYANAN, AGED 64, S/O.PARINGATTIL KAVALAN, KOTTANELLOOR VILLAGE-DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. SHIBU.K.G, S/O.KADAVIL CHANDRAN, KATTOOR.P.O, MUKUNDAPURAM TALUK, THRISSUR DIST. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, SSN SHOPPING COMPLEX, TEMPLE ROAD, TRIPRAYAR.P.O, NATTIKA, THRISSUR DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1755/2008-A: ORDER ON I.A. NO. 2115/2008 IN M.A.C.A. NO. 1755/2008-A DISMISSED 20/08/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1755 OF 2008 = = = = = = = = = = = = = = = Dated this the 20th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1242/01. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.22,738/- with interest and directed the insurance company to pay the amount and get it reimbursed from the owner and driver. It is against that decision, the driver has come in appeal. 2. The order of reimbursement was ordered on account of the non-production of the driving licence by the appellant before the Tribunal. It is seen from paragraph 11 of the award that the insurance company filed I.A.6392/05 to direct the appellant herein to produce the driving licence but he did not produce the driving licence. So the Tribunal drew an adverse inference and passed an order of reimbursement. Now, along with the appeal the claimant has produced photocopy of the driving licence and he had also produced MACA 1755 OF 2008 -:2:- some documents to show that he was abroad. At the time of hearing the learned counsel had made available me the original of the driving licence which indicates that he was having the driving licence to drive different categories of vehicles starting from 6.7.83 onwards. The accident had taken place on 8.11.00. So prima faice it appears that there is a licence. Whether the licence to drive two wheeler had been renewed or it is current etc. are all matters which may have to be considered by the Court. Therefore it may not be possible for this Court to dispose of the matter without any evidence. So the only method is to grant an opportunity to the appellant to produce original of the driving licence before the Tribunal below and adduce evidence and satisfy the Court that there was an effective valid driving licence for the appellant to drive the vehicle. For the said purpose the award is set aside so far as it relates to the interse liability between the insurance company and the appellant and owner. The appellant is permitted to produce the original of the driving licence and adduce evidence to substantiate his MACA 1755 OF 2008 -:3:- contentions. Since he has not appeared before the Tribunal at all he may file a written statement and produce those documents and adduce evidence. The insurance company also is permitted to do the same. Since the insurance company has not appeared before this Court, the appellant namely the driver after his appearance before the Tribunal is directed to take out notice to the insurance company so that the company can also be given an opportunity. Parties are directed to appear before the Tribunal on 6.10.08 and till a final disposal is done in the matter the revenue recovery proceedings shall be kept in abeyance. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-