IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 MACA.No. 1074 of 2009() ------------------------------------- OPMV.769/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER --------------------------- SANTHOSH SO\/O. MANIYAN, KARIMPANAKAL HOUSE, KOZHIPPILLY KARA, PALAKUZHA VILLAGE. BY ADV. MR.P.V.ELIAS RESPONDENT(S): RESPONDENT ------------------------- 1. RAJU B., S/O. KUNJIKRISHNAN, VENGATHANATHU HOUSE KARAMAN P.O., KOZHIPPILLY , ERNAKULAM DIST. 2. ASOKAN N., S/O. NARAYANAN, MANIKAMMALA HOUSE, KOZHIPPILLY KARA, PALAKUZHA VILLAGE, KARAMANA P.O. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., VIGNESHWARA BUILDING, NEAR OVERBRIDGE, PUDUKKOTTAI ROAD, TIRUCHIRAPALLI 620 020. R3 BY ADV.MR.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1074 OF 2009 = = = = = = = = = = = = = = = Dated this the 6th day of January, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)769/05. The claimant herein, who sustained injuries in a road accident has been awarded a compensation of Rs.24,500/- and a direction is issued to respondents 1 and 2 to satisfy the amount but exonerated the insurance company from the liability for want of a proper valid driving licence. 2. The only contention raised before me by the claimant is there was a valid driving licence for the driver and so the Tribunal should not have exonerated the insurance company from the liability. He has produced before me original of the licence which would indicate that he has licence to drive a two wheeler, LMV etc. initially for a period from 19.9.1997 to 18.9.2000. Subsequently it is seen that by virtue of an endorsement in 2005 dated 20.5.2005 it has been revalidated upto 29.10.2010. Under the provisions M.A.C.A. 1074 OF 2009 -:2:- of the M.V.Act a licence which expires had to be renewed within a statutory period of 30 days. Here the licence has expired on 18.9.00 and it is renewed only on March. 2005 and the accident had taken place on 12.4.2005. Therefore there was no valid driving licence on the date of the accident. Therefore the said finding by the Tribunal that there was no valid driving licence and therefore the insurance company can be exonerated from the liability cannot be found fault with. Therefore the appeal lacks merit and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-