IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 MACA.No. 920 of 2009() --------------------------------- OPMV.1530/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): RESPONDENT NO.1 ------------------------ SIVAN A.K. ALUNKAL HOUSE, THAMARAKURISH BHAGOM, KUTTIYANCHAL ,KUTTAMPUZHA P.O.,KOTHAMANGALAM. BY ADV. MR.VAKKOM N.VIJAYAN RESPONDENT(S): PETITIONER & RESPONDENT NO.2 ------------------------- 1. GEEVARGHESE PAREKKATTU HOUSE, NJAYAPILLY P.O. KOTHAMANGALAM. 2. THE ORIENTAL INSURANCE CO.LTD ELENGICAL PLAZA,KOTHAMANGALAM. R2 BY ADV. MR.A.R.GEORGE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A. No.920 OF 2009 ............................................. Dated this the 19th day of February, 2010. J U D G M E N T This appeal is preferred against the award of the Claims Tribunal, Muvattupuzha in O.P.(MV)No.1530/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.49,900/=. The tribunal directed the insurance company to pay the amount and to recover the amount from the first respondent in the petition. It was ordered on the ground that the first respondent did not have any valid driving licence at the time of the accident. It is against that decision, the first respondent has come up in appeal before this Court. 2. The learned counsel for the appellant strongly contends before me that there was a licence on the date of the accident and that unfortunately it could not be produced. He had given a photocopy of the licence for perusal. 3. The learned counsel for the insurance company would contend that genuineness of the driving licence has to be proved because now a days large number of fake : 2 : M.A.C.A. No.920 OF 2009 licences are being produced before the court. 4. I am also conscious of the fact that such practices are very much now a days. The conscience of the court has to be satisfied with regard to the correctness of the driving licence. It may not be proper for me to commend upon the same at this stage for the reason that first of all original of the licence has to be produced and it has to be proved and if it is found as genuine and valid licence, then the insurance company may have to pay the amount and there cannot be any recovery. On the contra if it is found that licence is forged, then action has to be initiated for production of such documents. 5. So, the award under challenge is set aside so far as it relates to the liability between the insurance company and the owner is concerned and the matter is remitted back to the tribunal with a direction 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 tribunal on 15.3.2010. : 3 : M.A.C.A. No.920 OF 2009 Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A. No.920 OF 2009