IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.863 of 2004 ----------------------------------------------- O.P.(M.V).NO.1068/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA (AWARD DATED 24.11.2003). .................... APPELLANT/3RD RESPONDENT:- ------------------------------------------------ THE NEW INDIA ASSURANCE COMPANY LTD., REP. BY ITS ASST.ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENTS/CLAIMANT AND RESPONDENTS 1 & 2 RESPECTIVELY:- ------------------------------------------------------------------------------------------------------ 1. PRADEEP, NOW AGED ABOUT 20 YEARS, S/O. MANUVEL, PRAVEEN NIVAS, MUTTACHAL, KUNNUVILA VEEDU, VELLARADA P.O., NEYYATTINKARA. 2. J.JAYALAL, NELLISSERIVILA VEEDU, VELLARADA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 3. J.JAYARAJ, NEILISON VEEDU, VELLARADA P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL. R2 BY ADV.SRI.NAGARAJ NARAYANAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.863 of 2004 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Neyyattinkara in O.P.(M.V.).No.1068 of 2000. 2. The Tribunal awarded a compensation of Rs.24,020/- and directed the respondents, jointly and severally, to pay the amount. The Insurance Company filed the appeal challenging its liability on account of the non-possession of a valid driving licence by the driver. 3. According to the Insurance Company, they moved an application as I.A.No.1323 of 2002 for production of the driving licence and the notices issued returned with the endorsement “unclaimed”. Therefore, it is contended that the Tribunal should have drawn an adverse inference. 4. Now, at least the driver of the vehicle is before this Court. He had produced before me a photo copy for perusal, which goes to show that there is a valid driving licence on the date of the accident. The proof of this document is a matter which the lower Court has to consider. Further, even if there is no driving licence, one cannot jump to the conclusion that the Insurance Company M.A.C.A.No.863 of 2004 - 2 - should be exonerated from the liability in the light of the decision in National Insurance Co. Ltd. v. Swaran Singh [2004 (1) KLT 781 (SC)]. So, that is also a matter which the Court has to consider, even in the absence of a driving licence. Therefore, the award under challenge is partly set aside, so far as it relates to the dispute between the Insurance Company, the owner and the driver regarding their liability to pay the amount. The driver can file a written statement before the Tribunal producing the original of the licence and the Court can consider and dispose of it within two months from the date of first appearance of the parties. The parties are directed to appear before the Court below on 3.7.2008. The absence of the claimant before the Court may not be taken as a ground for non-suiting him for the reason that the dispute is really inter se between the owner, driver and the Insurance Company. It is further made clear that the quantification of the amount is not interfered with and it is confirmed. M.N.Krishnan Judge vku/-