IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 MACA.No. 1407 of 2010() ----------------------------------- OPMV.4050/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/1ST RESPONDENT ---------------------------------------------- VINOD, AGED 70, S/O.JANAKI AMMA, THONNOOR HOUSE, ELANAD, THRISSUR, PIN- 680 586. BY ADV. SRI.P.GOPALAKRISHNA MENON, SRI.M.JITHESH MENON RESPONDENTS/1ST TO 6TH PETITIONERS &2ND & 3RD RESPONDENTS --------------------------------------------------------------------------------------------------------- 1. KADEEJA UMMA, AGED 77 YEARS, W/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, DESOM, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. 2. PATHUMMA, AGED 60 YEARS, D/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. 3. BEEVATHUMMA, AGED 55 YEARS, D/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. 4. ABDUL RAHIMAN, AGED 53 YEARS, S/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. 5. NABEESA, AGED 47 YEARS, D/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. MACA.No. 1407 of 2010 6. SAINABA, AGED 43 YEARS, D/O.LATE SULAIMAN, VAYALIL HOUSE, VENNOOR VILLAGE, VENNOOR P.O., THALAPPILLY TALUK, PIN- 680 587. 7. GEORGE, AGED 40 YEARS, S/O.SAIRA, KOCHUPADINJAREKKARA VEETIL, PARATHI PRADESAM, ELANAD VILLAGE, THRISSUR-680 586. 8. UNITED INDIA INSURANCE COMPANY LTD., THRISSUR, 680 001. R7 BY ADV. SRI.M.V.SABU, SRI.JOHNSON THOMAS. R8 BY ADV. SRI.P.SANKARANKUTTY NAIR. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1407 OF 2010 ............................................. Dated this the 26th day of October, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Thrissur in OP(MV)No.4050/2003. A claim petition was filed by the legal representatives of one Sulaiman who died in a road accident on 7.9.2001. The Tribunal awarded the legal representatives a compensation of Rs.77,000/= and directed the third respondent insurance company to pay the amount and get it reimbursed from the owner. Reimbursement was ordered on the ground that there was no proof regarding valid permit to ply the vehicle. 2. The learned counsel for the appellant had made available before me a copy of the permit which would indicate that there was valid permit for the vehicle from 6.11.2000 to 5.11.2005. The accident had taken place on 7.9.2001. If really the permit is correct, then one cannot hold that the vehicle was plying without a valid permit. Since it is only a copy it cannot be finalised here. Therefore an opportunity is given to the appellant to produce the : 2 : M.A.C.A.NO.1407 OF 2010 authenticated copy so as to satisfy the conscience of the court regarding validity of the permit. So for that purpose, the matter is remitted back. 3. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal with a direction to the appellant herein to produce authenticated copy of the permit and adduce evidence to satisfy the conscience of the court regarding existence of valid permit on the date of accident. Needless to say that the insurance company can also produce documents in support of their contentions. For this limited purpose, the matter is remanded and the parties are directed to appear before the Tribunal on 7.12.2010. Disposed of accordingly M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1407 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T