IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 MACA.No. 550 of 2010() ---------------------------- (O.P(MV)NO.837/2006 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM) ............ APPELLANT(S)/PETITIONER IN THE O.P. ------------------------------------------------ GOPALAKRISHNA PILLAI, S/O.RAMAKRISHNA PILLAI, KAZHIYIKKAL KIZHAKKATHIL PAVUMPA, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.B.MOHAN LAL RESPONDENT(S)/RESPONDENTS IN THE O.P. ----------------------------------------------------- 1. MR.MANMADHAN PILLAI, DWARAKA, MEMANA, OACHIRA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. 2. MR.ANIL KUMAR, S/O.SARASWATHY AMMA, KOPPARA VADAKKATHIL, MEENATHU MURI, VALLUKUNNAM VILLAGE, ALAPPUZHA. 3. THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, LIC BUILDING, CHINNAKKADA, KOLLAM. R3 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 550 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th 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, Kollam in O.P.(MV) 837/06. The claimant, a motorcyclist, sustained injuries in a road accident when it collied with an auto rickshaw. The Tribunal awarded a compensation of Rs.60,700/- and found that since there is no evidence to show that there is a valid driving licence and badge for the auto rickshaw driver exonerated the insurance company from the liability and held respondents 1 and 2 jointly and severally liable to pay the amount. It is against the exoneration of the insurance company from the liability, the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant submits before me that the licence M.A.C.A. 550 OF 2010 -:2:- particulars are available in Ext.A2 scene mahazar and he had also given me a copy of the said scene mahazar which would indicate that there had been a driving licence for the driver. When this material was available it was incumbent upon the insurance company to prove the absence of the same and if they were really contesting for the position that he did not have a badge that also is a matter which one could have proved since particulars are available in the scene mahazar. It has become a practice of the insurance companies now that without taking any steps to get the particulars just file an application calling upon ever exparte remaining owner and driver to produce the licence and then requesting the Court to draw an adverse inference. I think it may not help the implementation of justice at all. I do not want to say further on that. 3. In this case when the particulars are available in the scene mahazar the insurance company was bound M.A.C.A. 550 OF 2010 -:3:- to find out the truth of it and produce materials by getting the extract from the R.T.O. office showing the absence of licence or badge whatever it may be, to satisfy the conscience of the Court. Therefore I am inclined to set aside the award exonerating the insurance company from the liability and give an opportunity to all concerned to produce both documentary as well as oral evidence in support of their respective contentions regarding the existence and the validity of the licence and badge before the Tribunal. Needless to say that I am not interfering with the quantum awarded. The parties are directed to appear before the Tribunal on 23.12.10. M.N. KRISHNAN, JUDGE. ul/-