IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 1679 of 2007(D) ------------------------------------- OP(MV).NO.1302/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD. .................... APPELLANT/ 3RD RESPONDENT: ------------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON. RESPONDENTS/ PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ----------------------------------------------------------------------------------------------------- 1. M.VASU, S/O MADHAVAN, AGED ABOUT 60 YEARS, NALLIAYMKUNNUM P.O, ALATHUR TALUK, PALAKKAD. 2. V.PERUMAL, S/O VEERAMANI GOUNDER, 11 G, VANDIPETTA, MEENKARA ROAD, POLLACHI. 3. MAHAMANI, S/O P.SANKAR, AGED ABOUT 26 YEARS, KAMMANTHARA, VADAKKENCHERRY P.O., ALATHUR TALUK. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 1679/2007-D: ORDER ON I.A. 2000/07 IN M.A.C.A. NO. 1679/2007 DISMISSED 24/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1679 OF 2007 = = = = = = = = = = = = = = = Dated this the 24th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)1302/00. The claimant sustained injuries in a road accident and the Tribunal has awarded a total compensation of Rs.26,650/- with a direction to the 3rd respondent to pay the compensation. It is against that decision the insurance company has come up in appeal. 2. Learned counsel for the appellant would contend that though the insurance company has raised a contention that the driver did not have a valid driving licence and that it is not liable to pay compensation, it has not been considered by the Tribunal at all. A reading of paragraph 5 of the award would reveal that such a contention has been raised. Learned counsel also would contend that he has filed an application I.A.3612/05 for directing the driver to produce the driving licence which also remained undisposed of. So M.A.C.A. 1679 OF 2007 -:2:- the point which should have been considered has not been considered by the Tribunal and therefore so far as it relates to the interse liability with respect to the right to recovery is concerned the matter requires further consideration. Therefore the MACA is allowed so far as it relates to the interse liability between the owner and the insurer is concerned on the question of driving licence. Parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and the Tribunal is directed to frame appropriate issue and answer it and then pass an award. If it is found that there is no driving licence it goes without saying that the insurance company would be entitled to at least an order of reimbursement from the owner. Parties are directed to appear before the Tribunal on 30.12.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-