IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 MACA.No. 202 of 2005() ---------------------- AGAINST THE ORDER DATED 02/04/2004 IN IA.322/2004 IN OPMV.82/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT: APPELLANT/3RD RESPONDENT: --------------------------------------- THE ORIENTAL INSURANCE CO. LTD., METRO PALACE, OPP. NORTH RAILWAY STATION, ERNAKULAM, REP. BY ITS ADMINISTRATIVE OFFICER. BY ADV. SRI.VPK.PANICKER RESPONDENTS: 1ST & 2ND RESPONDENT: ------------------------------------ 1. VINU, S/O. RAVI, MANATH HOUSE, ALOOR DESOM, ALOOR VILLAGE, MUKUNDAPURAM TALUK. 2. DENNIS, S/O. JOSEPH, MADONA VEETTIL, NEAR SNVUPS, ALOOR DESOM, ALOOR VILLAGE, MUKUNDAPURAM TALUK. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN,J. ============== M.A.C.A.No.202 OF 2007 =============== Dated this the 5th day of January 2010. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal Irinjalakuda, in O.P.M.V.No.82/1995. The short point that raises for determination in the appeal is with respect to the right of Insurance Company at least to get reimbursement of the amount paid to the claimant for the reason that the driver did not have a valid driving licence. The Tribunal found that the Insurance Company has not adduced any evidence to show that the 1st respondent was an unlicensed person. The Tribunal also noted that the 1st respondent has failed to produce the driving licence. It is also submitted that application was filed calling upon the driver and owner to produce the driving license, which was not produced. Therefore, I feel an opportunity can be given to the Insurance Company to adduce evidence to satisfy the conscience of the Tribunal regarding the factum of absence of driving licence. Therefore, the M.A.C.A is partly allowed and award under challenge is set aside, so far as it relates to interse liability between the insurer and the insured and Insurance Company is permitted to produce M.A.C.A.No.202 OF 2007 2 documentary as well as oral evidence in support of the respective contentions regarding the absence of a driving licence. Since the respondents had not entered appearance before this Court, the Insurance Company is directed to take out notice to them, at least to the owner after entering appearance. It is directed to appear before the Tribunal on 8.2.2010. It is needless to say the court has to consider the legal presumptions as well, while considering the matter. M.N.KRISHNAN,JUDGE. mns