IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 MACA.No. 23 of 2010() ------------------------------- OP(MV).577/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 1ST RESPONDENT ------------------------ CHINNAMMA ISSAC, W/O.ITHAK, CHAKKAMUZHIYIL HOUSE, PAMPAKUDA P.O. BY ADVS. MR.K.S.MADHUSOODANAN MR.T.V.JAYAKUMAR NAMBOODIRI MR.THUSHAR NIRMAL SARATHY MR.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): PETITIONER/RESPONDENTS 2 AND 3 ------------------------- 1. JOY KURIAN, AGED 40, S/O.KURIAN, RESIDING AT OLICKAL HOUSE, ONAKKOOR KARA, ONAKKUR VILLAGE. 2. JINS BABY, S/O.BABY, PALAKKATTU PUTHENPURAYIL, ONAKKOOR KARA, ONAKKOOR VILLAGE. 3. M/S.NEW INDIA ASSURANCE COMPANY LTD., MADAPARAMBIL CHEMBERS, MUVATTUPUZHA. R2 BY ADV. SMT.T.P.JULIE PAUL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.23 OF 2010 ............................................. Dated this the 12th day of January, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal,Muvattupuzha in OP(MV)No.577/2005. The learned counsel for the appellant had produced two documents for my perusal which would indicate that the vehicle involved in the accident was having a valid certificate of fitness and permit during the relevant period of accident. The insurance company had been given the right to recover the amount on the basis that there was no valid permit or fitness certificate for the vehicle at the time of the accident. In spite of the fact that an application was filed, the owner and driver did not produce the same. 2. Now a duly authenticated document is produced before me about the correctness of which requires evidence. But, there is no point in detaining this case here and the matter can be looked into by the Tribunal by permitting the owner of the vehicle to produce those documents before the Tribunal and after giving an : 2 : M.A.C.A.No.23 OF 2010 opportunity to the insurance company as well to look into that aspect. Therefore, the finding so far as it relates to the inter se liability between the owner and the insurance company is set aside and the matter is remitted back to the Tribunal with a direction to the present appellant to produce necessary documents and adduce evidence to support his contention regarding existence of the valid permit and fitness certificate for the vehicle on the date of the accident. Since the matter is disposed of at the admission stage itself, I direct the appellant herein to take out notice to the insurance company for a proper disposal of the matter. The appellant is directed to appear before the Tribunal on 21.02.2010. Needless to say that no recovery proceedings shall be initiated against the owner till a final decision is taken in the matter. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.23 OF 2010 : 4 : M.A.C.A.No.23 OF 2010