IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 MACA.No. 2820 of 2008() ----------------------- OPMV.42/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT: 2ND RESPONDENT: -------------------------- SHAMA TRANSPORT REPRESENTED BY ITS PROPRIETOR, SYED AJAS, NO.16/1-B, A.V.ROAD, OPP.KALASIPALAYAM BUS STAND, BANGALORE-02. BY ADV. SMT.SHEEBA JOSEPH RESPONDENT(S): APPLICANTS 2 AND 3 AND RESPONDENTS 1,3 TO 5: ----------------------------------------------------------- 1. ROSY, W/O.BABY, MANAVALAN HOUSE, MALLUSSERY, VATTAPARAMBU, ERNAKULAM DISTRICT. 2. USHA, W/O.JOSEPH, KIDANGAN HOUSE, KURUMASSERY P.O. 3. SATTAR, S/O.ABDUL LATHEEF, BROADWAY CROSS ROAD, BISMILLAHSAH MASJID COMPOUND, BANGALORE-51. 4. THE ORIENTAL INSURANCE COMPANY, CRO-141, M.L.BUILDINGS-221, CUBBONPET ROAD, M.R.SQUARE, BANGALORE-02. 5. P.V.LOHITHAN, PURATHUKADU HOUSE, KOTHADU P.O., KANDANDU, ERNAKULAM. 6. NATIONAL INSURANCE COMPANY LTD., COCHIN DIVISION OFFICE, P.B.NO.1715, MYVIHAR, M.G.ROAD, ERNAKULAM. ADV. SRI.P.JACOB MATHEW FOR R6 SRI.VPK.PANICKER FOR R4 SRI.G.SANTHOSH KUMAR (P). FOR R1&2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - MACA.No. 2820 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2010 Judgment Basheer, J: Appellant is stated to be the registered owner of a tourist vehicle which was involved in a road traffic accident that occurred on October 27, 1998 at Kurukathy in Tamil Nadu. The legal heirs of the deceased victim claimed compensation from the owner, driver and insurer of the vehicle. The Tribunal after considering the materials available on record found that the claimants were entitled to get a sum of Rs.1,67,300/- as compensation with 9% interest, from the appellant and respondents 3 and 4 herein. The Tribunal directed respondent No.4 Insurance Company to pay the compensation to the claimants with liberty to recover the same from the appellant and its driver, respondent No.3 herein. The Tribunal took the above view since it entered a finding that the driver did not possess a valid driving licence at the time of the accident. 2. The appellant impugns the above award to the extent it gives liberty to the Insurance Company to recover the compensation from it. 3. It is submitted by the learned counsel that the finding entered by the Tribunal that the driver did not MACA.2820/08 : 2 : possess a valid driving licence is totally untenable, especially in view of Annexure I extract of driving licence issued by the Regional Transport Officer and Licensing Authority, Bangalore. It is further pointed out by the learned counsel that the appellant was never served with notice in the Claim Petition and therefore the fact that the vehicle was entrusted with a duly licensed driver could not be brought to the notice of the Tribunal. 4. We have heard learned counsel for respondent No.4 Insurance Company and perused the records. 5. Having regard to the entire facts and circumstances of the case, we are satisfied that the appellant can be given an opportunity to substantiate its case by adducing further evidence, if so advised. Respondent No.4 shall also be entitled to adduce evidence in the matter. 6. Therefore the impugned award to the extent it casts liability on the appellant is set aside. The Tribunal shall consider issue No.3 afresh after taking into account the additional evidence that may be adduced by the parties. A fresh decision on the above issue shall be taken as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. MACA.2820/08 : 3 : 7. Appellant and respondent No. 4 shall appear before the Tribunal on November 30, 2010. The appeal is allowed in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.