IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 MACA.No. 2199 of 2009() ----------------------- OPMV.1459/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): IST RESPONDENT ---------------------------- NASSAR,S/O.KOCHUKUNJU, KOTTAPPURAM HOUSE,PARATHETTABHAGAM, SREEMOOLANAGARAM KARA,CHOWARA VILLAGE. BY ADV. SRI.M.M.SAIDU MUHAMMED RESPONDENT(S): PETITIONER/RESPONDENTS 2 TO 5 -------------------------------------------- 1. REGHU,S/O.BALAN, KUTTIYALICKAL HOUSE,MANJAPRA VILLAGE, NADUVATTOM KARA. 2. M.P.RAJU, MENACHERY HOUSE,KAVARAPPARAMBU, NAYATHODE P.O. 3. ORIENTAL INSURANCE CO.LTD.,ANGAMALY. 4. POULOSE,S/O.PYLAE, KOZHIKOTTA,PUTHUSSARY HOUSE, KALADY VILLAGE,NEELESWARAM KARA. 5. A.V.BENNY,S/O.VARKEY, AREECKAPARAMBIL HOUSE, NEELESWARAM,KALADY. ADV. SRI.WILSON URMESE FOR R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2199 OF 2009 ............................................. Dated this the 26th day of November, 2009 J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Perumbavoor in OP(MV)No.1459/2001. The claimant sustained injuries in an accident that took place on 27.11.1995. The Tribunal awarded him a compensation of Rs.10,165/= with 7% interest and directed the insurance company to pay the amount. The Tribunal further held that the 1st respondent namely the appellant did not have any driving licence or badge and therefore directed the insurance company to recover the amount on satisfaction of the award from respondents 1 and 2. It is against that decision the 1st respondent has come up in appeal. 2. According to the contention of the 2nd respondent, the 1st respondent appears to be owner cum driver of the vehicle. What ever it may be the question that looms large for consideration is regarding the validity of the driving licence. Along with the Memorandum of appeal, a photocopy of the driving licence is produced. The first part of it only : 2 : M.A.C.A.No.2199 OF 2009 relates to the period subsequent to 2007 and therefore, it may not have much effect. The other part would show that there was a licence issued on 6.6.1994 with badge. Ordinarily a badge or licence would have at least 3 years period and if it is correct, the appellant will be able to establish that fact since the accident had taken place in November, 1995, it can be said that there is a valid licence or badge. But it is a matter that requires evidence and consideration. Therefore, I am inclined to grant an opportunity to the appellant herein to prove the same. 3. In the result, the MACA is partly allowed and the finding on the question of driving licence is set aside and an opportunity is given to the first respondent appellant herein to establish that he had a licence cum badge on the date of the accident. For the said purpose, the parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Since the insurance company had paid the amount to the claimant, the junction of the claimant need not be insisted for a disposal of the : 3 : M.A.C.A.No.2199 OF 2009 case. The parties are directed to appear before the Tribunal on 22.12.2009. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.2199 OF 2009