IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 MACA.No. 2118 of 2008(A) ------------------------------------- (M.V.O.P. NO. 2052/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR) .................... APPELLANT/ 3RD RESPONDENT: ----------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., UDUMALPET, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA). RESPONDENTS/ RESPONDENTS 1 & 2: -------------------------------------------------------- 1. TIRU S. DANDAPANI, S/O. SUBAYYA COUNDER, KARAYAMPALAYAM, REDIYARTTOOR, P.O. POLLACHI, COIMBATORE. 2. R. SURENDRAN, S/O. C. RAMANKUTTY, PARAKKATTCHALLAYIL HOUSE, VANDITHAVALAM (VIA), NANDIYODU, PALAKKAD DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09/12/2008, ALONG WITH M.A.C.A. NO. 2222/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N.KRISHNAN, J ===================== MACA Nos.2118 & 2222 OF 2008 ===================== Dated this the 9th day of December 2008 JUDGMENT These appeals have been preferred against the common award passed by the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) Nos.2052/2001 & 55/2002. From the nature of the contentions raised in the appeal, the matter requires reconsideration at the hands of the Tribunal for the reason that the Tribunal did not consider the question of liability when there is no driving licence. Learned counsel for the insurance company had drawn my attention to the fact that in spite of a specific contention that the 2nd respondent was not holding a valid driving licence during the relevant time of accident, the Tribunal did not raise any issue and it did not consider that question at all. Therefore the matter requires reconsideration so far as the said point is concerned. So far as it related to property damages, it is contended that the Tribunal granted an award even without materials and that also requires reconsideration. Since the question of driving licence is a matter which has to be considered, I feel the Tribunal can reconsider the question of damages also after hearing the parties MACAs 2118/2001 & 55/2002 -:2:- concerned. In order to safeguard the interest of the claimant and the respondents, I direct the insurance company to take notice to them from the Tribunal after it enters appearance before the Tribunal. Therefore the common award passed in O.P.(MV)Nos.2052/2001 and 55 of 2002 is set aside and the Tribunal is directed to frame appropriate issues regarding driving licence. In O.P.(MV)No.2052/2001 only the inter se liability need be considered and in the other case the quantum as well as inter se liability be considered afresh. In order to hear all concerned, the insurance company after its appearance shall take out notice to the respondents so that their contentions also can be heard and the matter be disposed of. MACAs are disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-