IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 MACA.No. 1576 of 2008() ---------------------------------- OPMV.111/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/1ST RESPONDENT: --------------------------------------------- BALAKRISHNAN, S/O.KRISHNAPILLA, VETTIKKATTU HOUSE, ACHAN KAVALA BHAGAM, MADAKKATHANAM PO., KAPPU KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA. BY ADV. SRI.T.J.MICHAEL RESPONDENT/CLAIMANT/RESPONDENT NO.2: ------------------------------------------------------------------- 1. SAROJINI DEVI, W/O.BALAKRISHNAN, VELIKKATTU HOUSE, ACHAN KAVALA BHAGAM, VADAKKATHANAM PO.,KAPPU KARA, MANJALLOOR VILLAGE MUVATTUPUZHA. 2. THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY BRANCH MANAGER, THODUPUZHA BRANCH, JYOTHI SUPER BAZAR, THODUPUZHA. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1576 OF 2008 = = = = = = = = = = = = = = = Dated this the 7th day of November, 2008. J U D G M E N T This appeal is preferred by the owner of the vehicle against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)111/04. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.31,300/- with 8% interest. The Tribunal found that there is breach of policy conditions and so gave the insurance company the right to get reimbursement from the owner. It is against that decision, the owner has come in appeal. 2. It is submitted by the learned counsel that the insurance company moved I.A.139/07 for production of driving licence and R.C. particulars and on receipt of the notice he had produced driving licence as well as the policy particulars. In the same paragraph the licence number is also is given. The photocopy of the same is also made available before me for perusal. Unfortunately, the Tribunal M.A.C.A. 1576 OF 2008 -:2:- did not look into that aspect at all and jumped to the conclusion that there is no driving licence. It is a matter that requires application of mind and reconsideration. Therefore the award under challenge is set aside so far as it relates to the interse liability between the owner and the insurance company and the owner is permitted to produce licence and other particulars and adduce evidence in support of his contention. The insurance company is also permitted to adduce documentary as well as oral evidence in support of its contention. Thereafter the Tribunal shall hear both sides and dispose of the matter in accordance with law. Presence of the claimant need not be insisted for the disposal of the case. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-