IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 MACA.No. 3176 of 2009() ------------------------------------ OPMV.1014/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): RESPONDENTS 1 AND 2 ----------------------- 1. SASI, AGED 46 YEARS, S/O. CHANDRASEKHARAN, PUTHIYAMADATHIL HOUSE, VELLOORKUNNAM VILLAGE, MUDAVOORKARA, MUVATTUPUZHA TALUK. 2. K. PAUL PETER, KUNNANAYAKAL HOUSE, EAST VAZHAPPILLY, MUDAVOOR, MUVATTUPUZHA. BY ADVS.MR.A.K.SAITHU MOHAMMED MR.V.P.MOHAMMED NIYAZ RESPONDENT(S): CLAIMANT AND 3RD RESPONDENT ---------------------------- 1. SHAJI, S/O. YOUSEF, ANDETH HOUSE, MEKKALADY, KALADY.P.O. 2. ORIENTAL INSURANCE COMPANY, MUVATTUPUZHA BRANCH, MUVATTUPUZHA. R2 BY ADV. MR.P.V.JYOTHI PRASAD THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.3857/2009 IN MACA. NO.3176/2009 DISMISSED 19/01/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 3176 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th 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, Perumbavoor in O.P.(MV)1014/03. The Court below has awarded a compensation of Rs.18,600/- and directed the insurance company to pay the amount and liberty is given to recover it from respondents 1 and 2 jointly and severally. It is against that decision the owner and driver has come up in appeal. 2. Along with the memorandum of appeal they have produced the copies of the driving licence as well as driving licence particulars issued by Regional Transport Authority. These documents were not produced before the Tribunal and therefore the Tribunal ordered reimbursement of the amount on the ground that there is breach of policy conditions. The accident had taken place on 5.12.2002. It is contended that there was valid driving licence. It is a matter which requires consideration after the document is produced before the M.A.C.A. 3176 OF 2009 -:2:- Tribunal and evidence is adduced and insurance company also be permitted to resist the same on legal principles namely regarding the correctness and genuineness of the same. Therefore I propose to grant an opportunity to the owner and driver to prove the same by producing the documents before the Court below. Therefore the petition is allowed at the cost of Rs.1,000/- to be paid to the counsel for the insurance company and it is to be done on or before the date of first appearance before the Tribunal after remand. In the result the MACA is partly allowed and the award so far as it relates to the interse liability that is regarding the reimbursement is set aside and the matter is remitted back to the Tribunal for a proper disposal after permitting the parties to produce both documentary as well as oral evidence in support of their respective contentions regarding the validity of the licence. The counsel for the appellants are directed to pay a sum of Rs.1,000/- as cost to the counsel appearing for the insurance company in this Court and let M.A.C.A. 3176 OF 2009 -:3:- that receipt be produced before the Tribunal for further proceeding in the matter. If the amount is not paid on or before that date the appeal will stand dismissed. Parties are directed to appear before the Tribunal on 23.2.2010. Parties are permitted to take back the documents produced in this Court and produce it before the Tribunal for proper consideration. M.N. KRISHNAN, JUDGE. ul/-