IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 MACA.No. 3051 of 2009() ------------------------------ OPMV.1420/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): 2ND RESPONDENT: ----------------------------------------- RAMANATHAN, S/O.KRISHNAMOORTHY 7/227 BOC ROAD, PERUMBAVOOR. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT(S): PETITIONER/RESPONDENTS 1 & 3: -------------------------------------------------------------- 1. VEERAMMA, AGED 50 YEARS, W/O.SULAIMAN, KANNAMPURAM HOUSE, KANDAMTHARA, ALAPRA, VENGOLA VILLAGE, KUNNATHUNADU TALUK. 2. T.S.SABU, THUMBAYIL HOUSE, PERUMBAVOOR, OKKAL P.O. 3. THE NATIONAL INSURANCE CO.LTD., P.O.BOX NO.24, MULAPPALLY BUILDINGS, A.M.ROAD, PERUMBAVOOR. R3 BY ADV. SMT.RAJI T.BHASKAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.3051 OF 2009 ............................................. Dated this the 13th day of December, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1420/2002. The claimant sustained injuries in a road accident and the Tribunal has awarded her a compensation of Rs.81,860/=. The Tribunal found that the driver did not have any valid driving licence to drive a three wheeler and therefore held that there is breach of policy condition and directed the insurance company to deposit the amount and to get it reimbursed from the owner. It is against that decision, the owner has come up in appeal. 2. After hearing both sides and on perusal of the document issued by the Assistant Licensing Authority, Mayiladuturai, it is seen that there is a statement made by the authority to the effect that holder of the driving licence is permitted to drive auto rickshaw from 1994 DL valid up to 9.11.2003. Of course, this is only a letter issued and suppose authenticity and truthfulness of this can be : 2 : M.A.C.A.NO.3051 OF 2009 established, it appears that the respondent has got a good case for defence. But genuineness or correctness cannot be considered here because authenticated document is to be produced and proved in accordance with law necessarily after permitting the other side also to challenge the correctness of the same. 3. Therefore the award under challenge is set aside so far as it relates to the inter se liability between the insurance company and the owner is concerned and the Tribunal is directed to permit both sides to produce documentary as well as oral evidence in support of their respective contentions regarding validity of the driving licence which authorises a person to drive the vehicle in accordance with law. Parties are directed to appear before the Tribunal on 24.1.2011. Junction of the claimant be dispensed with as there is only a reimbursement clause granted to the insurance company. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.3051 OF 2009 : 4 : M.A.C.A.NO.3051 OF 2009 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 11th day of November, 2010. J U D G M E N T