IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 MACA.No. 111 of 2011() ------------------------------- OPMV.747/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... APPELLANTS/CLAIMANTS : ---------------------------------------- 1. P.K.JAYAPRAKASH, S/O.KUTTAPPAN, YAVANICA, VETTUVELI, HARIPAD P.O. 2. JOSEPH, S/O.OUSEPH, VATTUTHARAVEETTIL, THYKKATTUSSERY P.O. BY ADVS. SRI.V.SATHEESH SRI.A.KRISHNAN RESPONDENTS: ----------------------- 1. BALASUBRAMONIAN, S/O.M.G.KUMAR, P.K.HOUSE, PALLIPPURAM PANCHAYATH, PALLIPPURAM P.O., PIN-688541. 2. NATIONAL INSURANCE COMPANY LTD., BRANCH OFFICE, KOLLAM, PIN-691001. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT & M.C.HARI RANI, JJ. ------------------------------------------------------------- M.A.C.A. No. 111 of 2011 ------------------------------------------- Dated this the 1st day of September, 2011 JUDGMENT R. BASANT,J. The appellants are driver and owner of an insured vehicle. The claimant/injured claimed compensation for personal injuries suffered by him as a result of the accident which took place on 29.10.2002. The Tribunal by the impugned award directed payment of an amount of Rs.1,37,000/- along with interest and costs. There was a valid policy of a insurance and the insurer was liable to satisfy the award. However, in the light of the contention that the driving licence of the driver was not produced and proved, the Tribunal issued a direction under Section 149(4) of the M.V.Act directing the appellants to pay the said amount to the insurer. The insurer was permitted to recover the amount after satisfying the impugned award. 2. Before us the learned counsel for the appellants and the learned counsel for the third respondent have advanced M.A.C.A. No. 111 of 2011 2 arguments. The driving license was produced before this Court. The insurer was directed to peruse the driving licence and report to the court whether they accept that on the relevant date the driver was duly license to drive the vehicle. 3. The learned counsel for the Insurance Company Adv. Jayasankar reports that the Insurance Company is now satisfied that the driver on the relevant date was having a valid driving licence including the endorsement/badge to drive a transport vehicle. 4. We are satisfied in these circumstances that the appeal can be allowed as agreed. 5. In the result: a. This appeal is allowed. b. The impugned award is upheld in all other aspects. c. But the direction issued under Section 149 (4) of the M.V.Act enabling the third respondent to recover the amount paid under the impugned award from the appellants herein M.A.C.A. No. 111 of 2011 3 is set aside. d. An amount of Rs.25,000/- is available in deposit before the Tribunal. It is submitted the same has been deposited by the appellants herein to satisfy the requirement under Section 173 of the M.V.Act. We direct that half the said amount shall be released to the appellants and the remaining half shall be released to the third respondent Insurance Company as costs, as it is the fault of the appellants that has compelled the Insurance Company to fight an unnecessary round of litigation before this Court. R. BASANT, JUDGE M.C.HARI RANI, JUDGE ln