IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 MACA.No. 2506 of 2008() ---------------------------------- (OPMV.1505/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA) .................... APPELLANT(S): PETITIONER ----------------------------------------- ALTHAF T.N., S/O.K.A.NAZIR, AGED 23 YEARS, RESIDING AT THOTTIKKUDIYIL HOUSE, MARKET P.O., VELLOORKUNNAM, MUVATTUPUZHA. BY ADV. SRI.K.JAJU BABU RESPONDENT(S): RESPONDENTS ------------------------------------------------- 1. VENKUMAR, S/O.SASIKUMAR @ SIVAKUMAR, CHITTANIPARAYIL HOUSE, VANNAPPURAM P.O. THODUPUZHA. 2. RAJEEV, S/O.RAJAPPAN, KAVUMGAL HOUSE, KALIYAR, VANNAPPURAM, THODUPUZHA. 3. THE UNITED INDIA INSURANCE CO.LTD., THODUPUZHA. 4. PREMJITH, S/O.CHANDRAMOHAN, 13/1216, PALLIPARAMBIL (H), PANAYAPPILLY, COCHIN - 2. 5. RAFEEQ V.A., VILAKKATHU HOUSE, MARKET P.O., MUVATTUPUZHA. 6. THE NEW INDIA ASSURANCE CO.LTD., M.C.ROAD, MUVATTUPUZHA. R3 BY ADV.SMT.T.C.SOWMIAVATHY R6 BY ADV. SRI.M.JACOB MURICKAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2506 OF 2008 = = = = = = = = = = = = = = = Dated this the 24th day of November, 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)1505/05. The claimant, a pillion rider in a motorcycle, sustained injuries when it collided with an auto rickshaw. The Tribunal awarded a compensation of Rs.17,100/- but exonerated the insurance company from the liability on the ground that there was no valid driving licence for the driver of the auto rickshaw. The Tribunal relied upon the fact that the insurance company moved an application for production of driving licence and the owner and driver did not produce it. So it drew an adverse inference and decided the case. It has to be stated that these owners and driver never contest the case and it is an attempt in futility to get them by again sending notice to them regarding the particulars of the M.A.C.A. 2506 OF 2008 -:2:- licence. So it may not be totally safe to rely wholly on the finding on adverse inference. But I am informed by the learned counsel for the Company that there has been a petty charge sheet filed against the driver and owner of the auto rickshaw for driving the vehicle without valid credentials. The insurance company can produce that document so that there can be an indication of the nature of charge and also the result of that charge. If otherwise other particulars are available attempts can be made to get the particulars of the R.T.A. regarding the licence especially when the Tribunal has decided to exonerate the insurance company there must be a total satisfaction that there was no valid insurance. Therefore the award under challenge is set aside so far as it relates to the exoneration of the insurance company from the liability is concerned and the matter is remitted back with a direction to all concerned to M.A.C.A. 2506 OF 2008 -:3:- produce both documentary as well as oral evidence in support of their respective contentions and then the Tribunal may decide the matter afresh in accordance with law. Parties are directed to appear before the Tribunal on 23.12.10. The insurance company of the motorcycle and the owner are not necessary parties and therefore their junction may not be insisted for further trial of the case. M.N. KRISHNAN, JUDGE. ul/-