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 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 MACA.No. 2844 of 2009 (A) ------------------------------------------ OPMV.496/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT / IST RESPONDENT: ---------------------------------------------------- M.SUBAIR, S/O.HAMSA, PADINJARE VANIYAMPARAMBIL, NEERKUNNAM, ALAPPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/PETITIONER AND RESPONDENTS 2 & 3: ------------------------------------------------------------------------------------------ 1. MAHESH, S/O.VASAVAN, KOTTAPURATH PUTHAN VEEDU, CHANGANKULANGARA, VAVVAKKADU, KOLLAM. 2. THE DIVISIONAL MANAGER, M/S.ORIENTAL INSURANCE COMPANY LTD., LIC BUILDING, CHINNAKKADA, KOLLAM. 3. SHAJIMON, S/O.ABDULKHADERKUNJU, ILATHASSERIL VEEDU, NEAR KUNNAMM MURI, AMBALAPUZHA. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.M.Appl.No.3352 OF 2009 & M.A.C.A.No.2844 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February 2010 JUDGMENT Basheer, J. Having heard learned counsel for the parties and having perused the affidavit filed in support of the application for condonation of delay in filing the appeal, we are satisfied that the delay is liable to be condoned. We do so. 2. Appellant is the registered owner of a mini lorry bearing Reg.No.KL- 4/5963 which was involved in a motor accident. The allegation appears to be that appellant's vehicle hit against a motor cycle resulting in some injuries to the rider. 3. In the claim petition filed by the victim, the Motor Accidents Claims Tribunal found that the driver of the mini lorry owned by the appellant did not have a license and badge to drive a commercial vehicle. The Tribunal, after quantifying the amount of compensation at Rs.91,000/- with 7.5% interest thereon, directed the insurance company to indemnify the registered owner, with liberty to recover it from the latter. The said direction is under challenge in this appeal. 4. It may at once be noticed that appellant remained absent before the Tribunal eventhough he was served with notice. The driver also did not appear before the Tribunal. The contention raised by the insurance company that the driver did not possess a valid license and badge was accepted by the Tribunal in the absence of any evidence contra. 5. Learned counsel for the appellant submits that the driver did infact possess a badge and license. Appellant has produced before this court photocopy of the driving license of the driver which indicates that he possessed a valid license and badge. C.M.Appl.No.3352 OF 2009 & M.A.C.A.No.2844 OF 2009 :: 2 :: 6. Anyhow, we do not propose to deal with that aspect of the matter at this stage. In our view, appellant has to necessarily appear before the Tribunal and adduce necessary evidence to substantiate the above contention. However, such an opportunity cannot be granted to the appellant as a matter of course. The appellant has to necessarily pay for the laches on his part. 7. Therefore, while confirming the award in respect of the quantum passed by the Tribunal in favour of the victim, we set aside the finding of the Tribunal as regards the liability. It will be open to the appellant to adduce evidence in this regard by producing the original license and badge and by examining the driver and other witnesses if necessary. 8. The award is modified to the above extent and the case is remitted back to the Tribunal only for the purpose indicated above. Appellant shall be entitled to get the above benefit only if he pays a sum of Rs.5,000/- as cost to the insurance company. The above sum shall be deposited by the appellant before the Tribunal within one month from today. If such deposit is made, the Tribunal shall consider and decide the question of liability as indicated above. Appellant shall appear before the tribunal on March 31, 2010. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes