IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 MACA.No. 490 of 2004() --------------------------------- OPMV.161/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): (ADDITIONAL PETITIONERS 2 TO 4 LEGAL HEIRS OF DECEASED ------------------------- PETITIONER. 1. KOCHAMMA, W/O. LATE OUSEPH, VETTIYADAN HOUSE, ANNANADU DESOM, KALLUR VADAKKUMMURI VILALGE, MUKUNDAPURAM TALUK. 2. THANKAMMA, D/O. LATE OUSEPH, VETTIYADAN HOUSE, ANNANADU DESOM, KALLUR VADAKKUMMURI VILLAGE, MUKUNDAPURAM TALUK. 3. MATHAI, S/O. LATE OUSEPH, VETTIYADAN HOUSE, ANNANADU DESOM, KALLUR VADAKKUMMURI VILALGE, MUKUNDAPURAM TALUK. BY ADVS.MR.P.V.BABY MR.A.N.SANTHOSH RESPONDENT(S): RESPONDSENTS IN O.P. (MV): --------------------------- 1. K.A. SHAJI, S/O. K.J. ANTONY, MANAGING PARTNER, METALANDS, KOKKALAI, THRISSUR. 2. M.B. CHARAUMANJUDAN, S/O.M.V.BAHULEYAN, MANAKKATTIL HOUSE, VALLACHIRA. 3. BRANCH MANAGER, ORIENTAL INSURANCE CO.LTD., 3RD FLOOR, MAHESWARI BUILDINGS, M.G. ROAD, THRISSUR. R3 BY ADV. DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 490 OF 2004 = = = = = = = = = = = = = = = Dated this the 8th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)161/96. The claimant, a 55 year old man at the time of the accident in 1995 has been awarded a compensation of Rs.28,200/-. The Tribunal also found that the driver did not have a requisite licence and therefore granted the right of recovery in favour of the insurance company against the owner. It is challenging those points, that is, quantum as well as liability the claimant has come up in appeal. 2. In spite of repeated chances R1 and R2 are not served as they had chosen to remain exparte before the Court below I dispense with notice to them in the appeal with a direction that it can be taken out before the Court below as the matter requires reconsideration. It is the case of the claimant that the vehicle which hit him was ridden by the 2nd respondent and that there was a pillion rider in that vehicle. M.A.C.A. 490 OF 2004 -:2:- It is submitted that the rider had a learner's licence and the pillion rider who accompanied him had a regular licence. By virtue of the decision of the Hon'ble Supreme Court in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) learner's licence is also a duly authorised licence provided the conditions of driving a vehicle with a learner's licence is satisfied. Or in other words if the person travelling as a pillion rider did have a valid licence then learner's licence can be said to be duly authorised licence. There was a pillion rider as seen from the charge sheet of the criminal case where CW3 Rajesh is shown as the pillion rider. If the said Rajesh is having a valid driving licence to drive a two wheeler then the insurance company may not be able to get out of the liability. Therefore I am inclined to grant an opportunity to the claimant to examine Mr.Rajesh and to produce his driving licence to find out whether the dictum laid down in Swaran Singh's case is duly satisfied. Since the matter has to go back and as there is a plea for additional compensation I M.A.C.A. 490 OF 2004 -:3:- direct the Tribunal to consider that also afresh after hearing all concerned one more chance may be tried in the lower Court for serving respondents 1 and 2 or paper publication be taken out so that the matter can be finally disposed of. Therefore the award under challenge is set aside and the matter is remitted back with a direction to the Tribunal to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Court below on 4.3.2010. M.N. KRISHNAN, JUDGE. ul/-