IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 MACA.No. 320 of 2004() --------------------------------- OPMV.1106/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANTS/RESPONDENTS 1 AND 2: ------------------------------------------------------- 1. RAGHAVAN, S/O. MAYANDI, NELLIPPADAM, VALLANGY P.O., PALAKKAD. 2. GOVINDAN, VATTEKKAD HOUSE, PANAMTHURAVA, KOLLENGODE, CHITTUR TALUK. BY ADV. SRI.T.C.MOHANDAS SRI.A.R.GANGADAS RESPONDENTS/RESPONDENTS 3 AND 4 & PETITIONER: -------------------------------------------------------------------------------- 1. THE NEW INDIA ASSURANCE CO., RAJA MILL ROAD, POLLACHI-642 001. 2. S.V. RAJENDRA PRASAD, S/O. VELLANGRI, NO.1, MUNICIPAL OFFICE ROAD, POLLACHI. 3. MOHAN, S/O. VELLUKUTTY, PANGILA HOUSE, VAKKODE, VALLANGY NENMARA, CHITTUR TALUK. ADV. SRI.K.R.RAJKUMAR FOR R2 SRI.M.JACOB MURICKAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2008, ALONG WITH MACA. NO.883/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 320 and 883 OF 2008 = = = = = = = = = = = = = = = Dated this the 3rd day of November, 2008. J U D G M E N T These appeals are preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV) Nos.1106/96 and 988/96. The claimants were travelling in a tanker lorry and it capsized resulting in injuries to them. It is contended that though the 2nd respondent was the real driver it was entrusted to the first respondent who did not have a valid driving licence and therefore the insurance company is not bound to indemnify. The insurance company also raised the contention that being passengers in a tanker lorry it is not bound to pay compensation. 2. So far as the driving licence is concerned the learned counsel for the appellant submits before me that there was a valid driving licence and he had shown me a copy of the same. If there is really a licence it is a matter that requires consideration. I am therefore inclined to grant an opportunity for the same. So also the Tribunal may have M.A.C.A. NOs. 320& 883 OF 2008 -:2:- to consider the legality of the coverage of the persons travelling in a goods lorry in the light of the policy and other conditions. So the matter is remitted back to the Tribunal and the Tribunal is directed to permit the appellants herein to file written statement before the Tribunal and produce documentary as well as oral evidence in support of their respective contentions. The insurance company is also directed to produce documents as well as the policy and the Tribunal is directed to consider the question of coverage of persons travelling in a tanker lorry as on the date of accident. Parties are directed to appear before the Tribunal on 15.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-