IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 MACA.No. 1800 of 2010(A) ----------------------------- OPMV.1545/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): RESPONDENT NO.2 --------------------------------------- T.D.SAJI,S/O.URMIS DEVASSY, THOTTAKARA HOUSE,CHULLY.P.O,MANJAPRA, ERNAKULAM DISTRICT. BY ADV. SRI.SUNIL CYRIAC RESPONDENT(S): PETITIONER & RESPONDENTS 1 & 3 --------------------------------------------------------------- 1. BIJU.K.D,S/O.DEVASSY,KONTHEMPILLY HOUSE, NETTINAMPILLY KARA,MANICKAMANGALAM.P.O, KALADY-683 574. 2. SANTHOSH KUMAR.K.V,S/O.VIJAYAKUMAR, KOTTAKUDY HOUSE,RAYAMANGALAM KARA,RAYAMANGALAM VILLAGE,NEAR KOCHERRY HOSPITAL,ERNAKULAM DISTRICT,PIN-683545. 3. THE NATIONAL INSURANCE COMPANY LTD, PUMB JUNCTION,URUMBATH BUILDINGS,ALUVA.P.O, PIN-683101. ADV. SMT.MABLE.C.KURIAN FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1800 OF 2010 = = = = = = = = = = = = = = = Dated this the 1st day of November, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Perumbavoor in O.P. (MV)1545/01. It is the case of the claimant that while he was attempting to board into the bus, the bus moved swiftly and that resulted in the accident. The issue before me is regarding the right of recovery by the insurance company. The contentions are that there is no valid permit for the bus and no valid licence and badge for the driver. As usual the owner and driver did not co-operate with the Tribunal to enter into a finding and that has resulted in the filing of this appeal. 2. The learned counsel along with the memorandum of appeal had produced two annexures one with respect to the driving licence and the other with respect to the permit. They are only copies and if M.A.C.A. 1800 OF 2010 -:2:- they are true it will be a good case for the appellant. A perusal of Annexure 1 would reveal that the driver of the bus did have a badge from 22.12.97 and licence has been issued to him in the year 1995. The accident had taken place in the year 2001. If the badge is for a period of 5 years then there would have been a valid badge on the date of accident. So also the certificate issued would reveal that there was a valid permit from 3.5.00 to 5.5.05. So these are materials which requires consideration when original documents are produced and evidence is adduced. Therefore I am inclined to grant an opportunity. The award under challenge is set aside so far as it relates to the interse liability between the insurance company and the owner is concerned with a direction to the Tribunal to permit the appellant to produce documentary as well as oral evidence in support of his contentions. Needless to say the insurance company shall also be permitted to produce M.A.C.A. 1800 OF 2010 -:3:- documentary as well as oral evidence. If the driver co- operates it can also be looked into and the matter be disposed of in accordance with law. Till that time no coercive proceedings is to be initiated and if initiated let it be stalled till the disposal of this matter Parties are directed to appear before the Tribunal on 17.12.10 and the appellant is directed to take out notice to the insurance company for a proper disposal of the matter. M.N. KRISHNAN, JUDGE. ul/-