IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 MACA.No. 1550 of 2008(C) ----------------------- OPMV.1281/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): -------------- 1. SIBYMON, S/O.CHACKO, KANNAKULATHU HOUSE KALAMBOOR VILLAGE, ENANALLOOR KARA. 2. SIBY, S/O.SCISLY, MANIKUZHIYIL HOUSE AYAVANA, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. SARAMMA VARGHESE, W/O.VARGHESE, 52 YEARS 2. RUFES VARGHESE, S/O.VARGHESE, 32 YEARS - DELETED DO.DO. 3. DHANYA VARGHESE, D/O.VARGHESE 26 YEARS, DO.DO. 4. NEW INDIA ASSURANCE CO.LTD., MUVATTUPUZHA. 5. AJITHKUMAR, CHERUPARAMBIL HOUSE - DELETED KOTHAVARA PO., VAIKOM . 6. UNITED INDIA INSURANCE CO.LTD. (THE NAMES OF RESPONDETS 2 AND 5 ARE DELETED FROM THE PARTY ARRAY AS PER THE ORDER IN I.A. 1961/09 DATED 17.7.2009). BY ADV. SRI.P.JAYASANKAR FOR R4 SRI.RAJAN P.KALIYATH FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED HE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1550 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of July, 2009 JUDGMENT Joseph, J. We are taking up the appeal itself for hearing on consent. Notice on the delay petition was served on respondents 1 and 3, who are the claimants 1 and 3 in the petition. Respondents 4 and 6 are represented by counsel. 2. The only controversy which is raised in this appeal is regarding the correctness of the award exonerating the third respondent from the liability. The appellants are respondents 1 and 2 in the petition. The first appellant is the driver and the second appellant is the owner of the lorry. The Tribunal has found negligence and further finding that there was no licence for the first appellant, the award is passed directing the 4th respondent to pay the amount and to recover the same from the M.A.C.A.No. 1550 of 2008 2 appellants. The entire amount has already been deposited by the 4th respondent. 3. According to the appellants, the only reason for permitting the 4th respondent to recover the amount from them is that there was no licence with the first appellant for driving the vehicle. According to the learned counsel, the first appellant was in possession of the licence during the time of the accident. They were set ex parte before the Tribunal. According to the counsel, the reason was that they entrusted the licence with the Insurance Company, which had assured that the licence will be produced. But when the matter was prosecuted, the licence was not produced. The learned counsel for the appellant made available a laminated copy of the licence to show that the first appellant had driving licence. 4. In the circumstances of the case, we feel that the claimants are not in any way affected, as we are not disturbing the finding of negligence or the determination of amount of compensation and we propose only to direct the Tribunal to consider whether the first appellant had the necessary licence, so M.A.C.A.No. 1550 of 2008 3 as to render the 4th respondent liable to pay the amount without recovering the same from the appellants. 5. In these circumstances, the appeal is allowed in part. The award of the Tribunal is modified and the direction to the 4th respondent to recover the amount deposited by it from the appellants is vacated. The Tribunal will conduct an enquiry and ascertain whether in the light of the contentions of the appellants there was any room for giving such a direction to recover the amounts from the appellants or not. The parties shall appear before the Tribunal on 24.8.2009. 6. In view of the fact that we have interfered with the award, the recovery proceedings taken pursuant to the direction in the award will stand suspended and further steps will depend upon the decision to be taken by the Tribunal. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm