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 14TH AUGUST 2009 / 23RD SRAVANA 1931 MACA.No. 1816 of 2006() ----------------------- OPMV.675/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/1ST RESPONDENT: --------------------------------------- P.A. PAREED, PROPRIETOR, BASP INDUSTRIAL CORPORATION, PEZHAKKAPPILLY, MUVATTUPUZHA. BY ADV. SRI.VINOD RAVINDRANATH SRI.DILIP MOHAN RESPONDENT(S): PETITIONER & R2 TO R6: ------------------------------------- 1. SIDHARTHAN, S/O. RAJAPPAN, CHALIL HOUSE, AVOLY, MUVATTUPUZHA. 2. MUHAMMED, S/O. PAREED MYTHEEN, MENAMATTATHU HOUSE, PAIPRA KARA, MULAVOOR, MUVATTUPUZHA. 3. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD.,MUVATTUPUZHA. 4. C.R. SULUMON, S/O. RAJAPPAN, THIRUMALACHALIL HOUSE, RANDAR P.O.,MUVATTUPUZHA. 5. PRASANTH, S/O. GOVINDANKUTTAN, PADINJAREKKARA HOUSE, MANIYANTHADAM, MANJALLOOR. 6. THE BRANCH MANAGER, THE NATIONAL INSURANCE CORPORATION LTD.,THODUPUZHA ADV. SRI.JOE KALLIATH FOR R6 ADV. SRI.M.JACOB MURICKAN FOR R3 SRI.A.K.RAMACHANDRAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/08/2009, ALONG WITH WPC NO. 27998 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No. 1816 of 2006 & W.P.(C) No. 27998 of 2006 G - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2009 JUDGMENT Joseph, J. These cases being connected, they are disposed of by common judgment. Since there is appearance for the third respondent, the insurer of the lorry, eventhough service is not complete, the writ petition can be disposed of . 2. The appellant in the appeal is the petitioner in the writ petition. He is the first respondent in O.P.(M.V.) 675 of 2001. He is the owner of the lorry involved in the accident. 3. In the writ petition, the petitioner is the first respondent in O.P.(M.V.) 705 of 2001. In the above claim petitions the appellant is arrayed as the owner of the lorry. The allegation which found favour with the Tribunal was that the lorry belonging to the appellant/writ petitioner was M.A.C.A.No. 1816 of 2006 & W.P.(C) No. 27998 of 2006 G 2 driven negligently by the driver and therefore compensation has been awarded. The writ petition came to be filed as the amount awarded is below Rs.10,000/- 4. The appellant/writ petitioner was set ex parte in the Tribunal. So was the driver of the lorry. The Tribunal has directed the Insurance Company to pay the compensation, but granted the right to recover the compensation from the appellant/writ petitioner in both the claim petitions. This is for the reason that the driver of the lorry was found to be without any valid licence. It is pointed out by the learned counsel for the Insurance Company that the Insurance Company had filed petitions in both the cases seeking production of the licence, but the licence was not produced. 5. The case of the appellant/writ petitioner is that the driver of the lorry had a valid driving licence at the time of the accident. According to him, the direction given by the Tribunal permitting recovery of the amount from the appellant is liable to be interfered with. He has produced copy of the licence in both the cases. We M.A.C.A.No. 1816 of 2006 & W.P.(C) No. 27998 of 2006 G 3 feel that, in the interests of justice, the question as to whether there was a valid driving licence with the driver of the lorry of the appellant/writ petitioner at the time of the accident is to be considered by the Tribunal, after giving opportunity to both sides to adduce evidence. 6. Accordingly we allow the writ petition and the appeal and set aside the award passed in O.P.(M.V.) Nos. 675 and 705 of 2001 to the extent that the Tribunal permitting the Insurance Company to recover the amount from the appellant/writ petitioner. We make it clear that we are not interfering with the finding of negligence and the quantum of compensation arrived at by the Tribunal in both the cases. The parties are directed to appear before the Tribunal in both these cases on 14.9.2009. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm M.A.C.A.No. 1816 of 2006 & W.P.(C) No. 27998 of 2006 G 4