IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 MACA.No. 212 of 2011 ------------------------------ OPMV.1809/2002 of MACT, PERUMBAVOOR .................... APPELLANT/2ND RESPONDENT: ANWAR K.M., S/O.MUHAMMED ALI, AGED 39 YEARS, KURIKKAL HOUSE, MATHILAKAM P.O., S.N.PURAM, KODUNGALLUR. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS/PETITIONER & RESPONDENT NOS.2 & 3: 1. MARY T.T., AGED 41 YEARS, W/O.THANKACHAN @ PAULOSE, THAIPARAMBIL (H), KARUKUTTY P.O., KARUKUTTY, ALUVA TALUK, PIN - 683 576. 2. RICHA, AGED 9 YEARS, D/O.THANKACHAN @ PAULOSE, MINOR, REP. BY HER MOTHER MARY T.T., W/O.THANKACHAN @ PAULOSE, THAIPARAMBIL (H), KARUKUTTY P.O. KARUKUTTY, ALUVA TALUK, PIN - 683 576. 3. DONA, AGED 4 YEARS, D/O.THANKACHAN @ PAULOSE, DO. DO. 4. RAFEL, AGED 70 YEARS, S/O.AUGUSTINE, THAIPARAMBIL HOUSE, THUNDATHUMKADAVU KARA, VARAPUZHA P.O., PIN - 683 512. 5. ROSY, AGED 65 YEARS, W/O.RAFEL, DO. DO. 6. JOSEPH K.A., S/O.ANTONY, KORUKUZHIYIL (H), MALIANKARA DESHAM, MOOTHAKUNNAM P.O., ERNAKULAM DISTRICT - 683 516. 7. NATIONAL INSURANCE CO.LTD., P.B.NO.25, MUNICIPAL SHOPPING COMPLEX, NORTH PARAVUR - PIN 683 513. 8. UNITED INDIA INSURANCE COMPANY LIMITED, MUNICIPAL BUILDING, NORTH PARAVUR PIN 683 513. BY ADV. SRI.M.A.GEORGE FOR R7 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No. 212 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of March, 2011 Judgment Basheer, J: Appellant is stated to be the registered owner of a stage carriage bearing registration No. KL 7/X 8811 which was involved in the accident in question. The vehicle was being admittedly driven by the driver employed by the appellant. 2. It is on record that the said vehicle collided with another vehicle resulting in the death of one Thankachan whose legal heirs are respondents 1 to 5 in this appeal. The Tribunal awarded a sum of `.3,41,100/- as compensation to the claimants and directed the Insurance Company to pay the same and recover it from the appellant and his driver since it was found that the driver did not possess a valid driving licence and badge to drive the vehicle at the time of the accident. The said award is impugned in this appeal with a primary contention that the driver did in fact possess a licence and badge at the relevant point of time. Appellant has produced what is stated to be a photocopy of the particulars of the driving licence issued to him by the licensing authority. MACA.212/2011. : : 3. Admittedly, neither the appellant nor his driver contested the case before the Tribunal. It is contended by the learned counsel that the appellant could not contest the matter because of reasons beyond his control. Similarly his driver was also prevented from appearing before the Tribunal for valid reasons. 4. Learned counsel has invited our attention to the licence particulars issued by the licensing authority. But, we do not propose to deal with that issue at this stage, particularly, in view of the order that we propose to pass. 5. Learned counsel submits that appellant is prepared to produce all the other relevant records before the Tribunal to establish that he had entrusted the vehicle to a duly licensed driver at the time of the accident. 6. Learned counsel for respondent No.7-Insurance Company, which has been directed to pay the compensation, points out that the particulars available in the document now being pressed into service by the appellant are not sufficient enough to show that the driver did possess a valid license at the time of the accident. It is true that the said licence indicates that its holder is authorised to drive a MACA.212/2011. : : heavy passenger motor vehicle. Anyhow, as indicated earlier, we leave that issue open at this stage. 7. In the peculiar facts and circumstances of the case we are satisfied that the Appellant can be afforded an opportunity to adduce evidence in support of his case; but such liberty can be had only on stringent terms. The impugned award to the extent it holds the appellant and his driver liable to pay the compensation shall stand set aside on condition that the appellant pays a sum of `.10,000/- as cost to respondent No.7-Insurance Company. We hasten to add that we are not disturbing the quantum or the entitlement of the claimants to receive the compensation since we are informed that the Insurance Company has already deposited the amount before the Tribunal. The question that is being left open is only as regards the ultimate liability to pay the compensation. If the appellant fails to remit the cost of `.10,000/- before the Tribunal to be paid to respondent No.7-Insurance Company within fifteen days from the date of receipt of a copy of this judgment, the appeal shall stand dismissed and the award shall stand confirmed. MACA.212/2011. : : 8. It will be open to the appellant, his driver and the Insurance Company to adduce further evidence in the matter, either oral or documentary, if they are so advised. 9. The parties shall appear before the Tribunal on May 30, 2011. 10. The Tribunal shall dispose of the matter as expeditiously as possible at any rate within three months from the date of receipt of a copy of this judgment. It is made clear that the Tribunal need not issue notice to the claimants or to the other respondents. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.