IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 M.A.C.A.No. 667 of 2008(G) ------------------------------------- OP(MV)NO.1030/2003 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA ................................. APPELLANTS/ RESPONDENTS 1&2: ----------------------------------------------- 1. JAMES, S/O.ULAHANAN PUTAYATHUMOLEL HOUSE, KOZHIPILLY KARA, VARAPPETTY VILLAGE. 2. VINOD K.B., S/O.BALAKRISHNAN, KOLAKANDAN HOUSE, VENGOOR VILLAGE NEDUNGAPARA KARA. BY ADV. SRI.EGY.N.ELIAS SRI.GEORGE SEBASTIAN RESPONDENT/ 3RD RESPONDENT: --------------------------------------------------- NATIONAL INSURANCE COMPANY LTD. PERUMBAVOOR BRANCH. ADV. SRI.P.JAYASANKAR - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 667/2008 ORDER ON I.A NO.827 OF 2008 IN M.A.C.A.NO. 667 OF 2008 DISMISSED SD/- 4/12/2008 M.N.KRISHNAN,JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 667 OF 2008 --------------------------------- Dated this the 4th day of December, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(MV) No.1030/2003. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 9,450/- with 6.5% interest. The tribunal found that there was no valid driving licence and therefore ordered the right of recovery. 2. Paragraph 10 of the award would reveal that an I.A was filed calling upon owner and driver to produce the licence but in spite of receipt of the same, they did not produce the licence and badge. Therefore one cannot find fault with the tribunal for ordering the right of recovery. But along with the memorandum of appeal, photocopies of the documents are produced to show that there was a valid effective driving licence. If really there is a licence then it may not be proper to saddle the liability on them and therefore I am inclined to grant an opportunity to prove the case. Therefore the award under challenge is set aside so far as it relates to the right of recovery is concerned and the matter is remitted M.A.C.A.No. 667/2008 -2- back to the tribunal with a direction to permit the appellants herein to file a written statement and produce documents and also permit the Insurance Company to produce evidence and then dispose of the matter in accordance with law. Since the matter is remanded, any recovery proceedings initiated shall be kept in abeyance. Parties are directed to appear before the tribunal on 6.1.2009. M.N. KRISHNAN,JUDGE vkm