IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 MACA.No. 1859 of 2010() ------------------------------ OPMV.1180/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT(S): RESPONDENTS 1 & 2 ------------------------------------------ 1. ARUN S.DAS, S/O.SIVADAS, KAITHAVALAPPIL HOUSE, MALIPPURAM, ELAMKUNNAPUZHA, ERNAKULAM DISTRICT. 2. KABINDEV, S/O.KARTHIKEYAN, PAREMBADI HOUSE, PERUMALPADI, ELAMKUNNAPUZHA, ERNAKULAM DISTRICT. BY ADVS. SRI.BABU CHERUKARA SRI.ANZAR BASHEER SRI.PRATHEUSH.M.ANAND SRI.P.ANTO THOMAS RESPONDENT(S): -------------------- 1. AMMINI, W/O.PRABHAKARAN, VADAPPURATH HOUSE, GOTHURUTH, PIN-683 523. 2. UNITED INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, KOCHI, PIN-682 016. R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ORDER ON I.A. NO. 2448/2010 IN M.A.C.A. NO.1859/2010 DISMISSED 02/12/2010 SD/- M.N. KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE svs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1859 OF 2010 = = = = = = = = = = = = = = = Dated this the 2nd day of December, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P. (MV)1180/04. The claimant who sustained injuries in a road accident was awarded a compensation of Rs.34,500/-. The insurance company was directed to pay the amount and get it reimbursed from the owner of the vehicle. It is against that decision the driver and owner has come up in appeal. 2. Heard the learned counsel for the appellants as well as the respondents. A perusal of the annexure produced along with the appeal would reveal that, if true, there was a valid driving licence for the driver to ride a motorbike at the time of the accident. But the genuineness and correctness of the same cannot be M.A.C.A. 1859 OF 2010 -:2:- decided by this Court if the other side disputes. So the better thing is to direct the matter to be considered by the Tribunal with permission for the appellants to take back the document they have produced here and produce it before the Tribunal. 3. Therefore the award under challenge so far as it relates to the recovery right is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions. The appellants are also given permission to take back the document produced here and produce it before the Tribunal. Parties are directed to appear before the Tribunal on 23.12.10 and it is further made clear that till a final decision is taken in the matter no coercive steps be taken for recovery of the amount. M.N. KRISHNAN, JUDGE. ul/-