IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 1085 of 2004 ------------------------------------ OPMV.1041/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): PETITIONER/APPELLANT ----------------------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., MANJERI. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANT AND R1 AND 2 ----------------------------------------------------------------------- 1. K.P.MUJEEB RAHIMAN S/O. SAINUDHEEN, KALTHUMPADIYAN HOUSE, VENGOOR AYILAKKARA, POST CHEMMANIYODE, PERINTHALMANNA. 2. P.USMAN, S/O. ALAVI HAJI, PARAKKAL HOUSE NELLIKUTH, POST PAYYANAD, MALAPPURAM DISTRICT. 3. E.BASHEER S/O. MOHAMMED HAJI, ERAKUNNAN HOUSE, NELLIKUTH, POST PAYYANAD. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.1085 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December 2010 JUDGMENT Basheer, J. Appellant is the insurer of a stage carriage which allegedly hit against a two wheeler resulting in certain injuries to the pillion rider/claimant in a road traffic accident that occurred on July 12, 1997. According to respondent No.1/claimant, the accident occurred solely due to the rash and negligent driving of the stage carriage by respondent No.2 herein. Ext.A1, FIR also revealed that the police had charge sheeted respondent No.2 for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code. 2. The Tribunal, after considering the materials available on record, particularly the wound certificate (Ext.A2), came to the conclusion that the claimant would be entitled to get a total sum of Rs.34,600/- with 6% interest and directed the appellant insurance company to indemnify the owner of the stage carriage. The above award is under challenge in this appeal. 3. It is vehemently contended by learned counsel for the appellant that the Tribunal committed serious illegality and irregularity in ignoring or overlooking Ext.X1, case diary/charge sheet prepared by the police, which was summoned at the instance of the appellant. According to the M.A.C.A.No.1085 OF 2004 :: 2 :: learned counsel, the case diary would reveal that the rider of the two wheeler was not holding a valid driving license at the time of the accident and therefore the rider and owner of the two wheeler ought to have been held liable to pay the compensation. It is further contended by him that Ext.B1 scene mahazar will add strength to the specific case of the appellant that the driver of the stage carriage was not entirely responsible for the accident. We are not impressed with the above contention for reasons more than one. 4. It may at once be noticed that the driver of the stage carriage never bothered to step into the witness box and controvert the allegations made against him. The police had charge sheeted driver of the stage carriage at the conclusion of the investigation. This aspect of the matter is not disputed by the appellant. Even assuming the rider of the two wheeler did not hold a valid driving licence, in our view, the driver of the offending vehicle cannot be exonerated for that sole reason. Still further, the pillion rider who sustained the injuries in question cannot be denied the benefit of the welfare legislation on the plea that he had travelled in a two wheeler the driver of which did not possess a valid driving license. In any view of the matter, we do not find any reason to interfere with the finding entered by the Tribunal in this regard. M.A.C.A.No.1085 OF 2004 :: 3 :: 5. We have carefully perused the reasons given by the learned Judge while awarding compensation under the various heads. In our view, going by the nature of the injuries sustained by the appellant, especially injury Nos.2 and 3, namely, peri orbital oedema right with subdural haematoma and fracture right clavicle, we are satisfied that the amount of Rs.34,600 awarded by the Tribunal is wholly just and reasonable. The appeal fails and it is accordingly dismissed. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes