IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 MACA.No. 1437 of 2010(A) ------------------------------------- [O.P(MV).NO.1159/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM] .................... APPELLANT/1ST RESPONDENT IN O.P(M). NO.1159/06, MACT, KOTTAYAM: ----------------------------------------------------------------------------------------------------------- ABRAHAM, THIDUTHIDUPIL VEEDU, POOTHAKUZHI.P.O, PAMPADY, KOTTAYAM. BY ADV. SRI.T.K.RADHAKRISHNAN. RESPONDENT/CLAIMANT IN OP(M). NO. 1159/06 MACT, KOTTAYAM: -------------------------------------------------------------------------------------------------- 1. SAJANA GEORGE, D/O. GEORGE, KOOVAKKATTU HOUSE, KUMBATHANAM, SOUTH PAMPADY P.O., KOTTAYAM, REPRESENTED BY HER NEXT FRIEND AND NATURAL GUARDIAN GEORGE – 686 001. 2. THE UNITED INDIA INSURANCE CO. LTD., KOTTAYAM – 686 001. R2 BY ADV. SMT.P.A.REZIYA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO.1437/2010-A: ORDER ON I.A. NO. 2017/2010 IN M.A.C.A. NO.1437/2010-A DISMISSED 21/12/2010. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. Prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1437 OF 2010 = = = = = = = = = = = = = = = Dated this the 21st day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1159/06. The claimant who sustained injuries in a road accident has been awarded a compensation of Rs.11,000/- and the insurance company is directed to pay the amount and get it reimbursed from the owner cum driver, R1. Aggrieved by the same the owner has come up in appeal. 2. Heard the learned counsel for both the sides. The Tribunal found that as per the charge sheet the two wheeler licence was valid only up to 22-9-03 and as the accident had taken place on 28.2.04 it was held that the driver did not have a valid licence and therefore directed reimbursement of the amount. Along with the memorandum of appeal the appellant has produced driving licence particulars. The licence to drive a motorcycle with gear was granted to him on 24.10.91. in the reverse page there is an endorsement M.A.C.A. 1437 OF 2010 -:2:- regarding renewal wherein it is stated that there had been a regular renewal of the licence. But that endorsement by itself does not make it possible to arrive at a decision that the two wheeler licence had been renewed by the applicant. But if there is real renewal then certainly he may not be liable to reimburse and therefore I am inclined to grant an opportunity to prove the same. In the result M.A.C.A is partly allowed and the award so far as it relates to reimbursement is set aside and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to produce both documentary as well as oral evidence in support of the contention of the availability of a licence on the date of accident. Needless to say the insurance company can also produce relevant materials for the same in support of its contentions. Parties are directed to appear before the Tribunal on 28.1.2011. Sd/- M.N. KRISHNAN, JUDGE. ul/- [true copy] P.A. To Judge.