IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 126 of 2004() ---------------------------------- OPMV.1957/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER -------------------- P.C.BENNY, PADAYATIL (H), PANTHAKKAL, ANGAMALY BY ADV. SRI.C.A.JOY RESPONDENTS: PETITIONER AND RESPONDENTS 2 & 3 -------------------------- 1. JAYAKUMAR, JAI NIVAS (H), KANJOOR.P.O. 2. KUNJUMON, S/O.IBRAHIM, PERINGATTIL (H), THAIKKAVU, KANGARAPADY.P.O. 3. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE, T.H.TOWERS, MARKET ROAD, MUVATTUPUZHA-73. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------------------- M.A.C.A.No.126 OF 2004 --------------------------------------- Dated this the 9th day of June, 2008. J U D G M E N T This appeal is preferred by the owner of the jeep which was involved in an accident and the claim was preferred as O.P.(MV) No.1957/1996. The second respondent in the Original Petition was the driver of the jeep. 2. The Tribunal found that the accident took place on account of the equal negligence of the rider of the jeep as well as the bike and therefore, apportioned the negligence in the ratio 50% each. After fixing the compensation, the Tribunal held that since there was no valid driving licence for the second respondent in the Original Petition, it directed the Insurance Company to recover the amount from the owner and the driver of the vehicle. It is against that decision, the owner has come up in appeal. 3. Learned counsel for the appellant has produced before me the driving licence card issued on 14.01.2007 which indicates that there was a driving licence for non-transport vehicles from 18.06.1993, which was valid upto 16.04.2020. This is a matter which requires consideration after producing the original of the M.A.C.A.126/04 2 licence before the Tribunal. An opportunity has to be given to the owner to produce the licence and let in evidence to substantiate his contentions that there was a valid driving licence for his driver and that he has not consciously permitted the driver without licence to drive the vehicle, and also that even in the case of absence of licence, it was not of such a fundamental character to have caused the accident. These contentions appear to be correct and requires consideration in the light of the decision in National Insurance Co. Ltd vs. Swaran Singh (2004(1) KLT 781 (SC). Therefore, the award under challenge is set aside so far as it relates to the permission granted to the Insurance Company to recover the amount from the owner and driver and the matter is remitted back to the Tribunal for fresh consideration of the same after permitting both the parties to adduce evidence and produce documents in support of their respective contentions. Parties are directed to appear before the Tribunal on 22.07.2008. M.N. KRISHNAN, JUDGE. smp