IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 MACA.No. 298 of 2010(F) ------------------------- OPMV.1176/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... APPELLANT(S): RESPONDENT 2 AND 1 -------------------------------------------- 1. THE PARTNER, HI-TECH COATINGS, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. 2. BABU C.J., S/O.JOHNY, CHAKKALAKKAL HOUSE, MONODY, VELLIKULANGARA, MUKUNNAPURAM TALUK. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH RESPONDENT(S): PETITIONER AND 3RD RESPONDENT IN OP(MV) ---------------------------------------------------------------------------- 1. M.MURALEEDHARAN, S/O.MADHAVAN, PATTATHU HOUSE, PAZHAVANGADI P.O., RANNY. 2. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE NO.1., DEEPTHI BUILDINGS, P.B.NO.2372, M.G.ROAD, ERNAKULAM. (3RD RESPONDENT IN OP(MV)'S). ADV. SRI.RAJESH THOMAS FOR R2 SMT.BEENA JOHN FOR R1 SRI.TOMY XAVIER PARAPPURAM FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 298 OF 2010 = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pathanamthitta in O.P.(MV) 1176/01. The claimant has been awarded a compensation of Rs.7,000/- from 12.10.01 and there was a direction to deposit the amount by the insurance company and realise it from the owner of the vehicle namely 2nd respondent. It is against that decision the appeal is preferred. 2. Along with the appeal documents are produced to prove existence of a valid driving licence. I had perused the same. The accident had taken place in 2001 and the licence issued is dated 2000 August. A badge is also seen there issued on 26.8.00. Since the accident had taken place on 11.7.01 there is a probability of the driver having a valid driving licence with a badge. If it is so the insurance company may be liable to pay the amount. But it is for the respondent herein to prove the existence of a valid driving M.A.C.A. 298 OF 2010 -:2:- licence with badge on the date of the accident. Therefore 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 and the owner as well as the insurance company are given liberty to produce documentary as well as oral evidence in support of their respective contentions and the let the matter be disposed of in accordance with law. I make it very clear if ultimately the insurance company is liable to pay the amount from 25.7.07 till 9.2.2001, the insurance company shall not be saddled with the liability and the interest has to be paid to the claimant by the owner. Parties are directed to appear before the Tribunal on 2.7.2010. M.N. KRISHNAN, JUDGE. ul/- The last but one sentence of the judgment dated 24.5.2010 in M.A.C.A.298/2010 is corrected and substituted as, “I make it very clear if ultimately the insurance company is liable to pay the amount, from 25.7.07 till 9.2.2010 the insurance company shall not be saddled with the liability and the interest has to be paid to the claimant by the owner.” as per order dated 09/02/2011 in I.A.312/2011 in M.A.C.A.298/2010.