IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MFA.No. 1367 of 2001() -------------------------------- OPMV.1311/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT: IST RESPONDENT ------------------ M.P.VARGHESE, MECHERIL HOUSE KAKKOOR P.O., THIRUMARADY VILLAGE. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENTS:PETITIONER/ RESPONDENTS 2 & 3 ----------------------- *1. VARKEY VARGHESE, S/O. VARGHESE, MANIYATTU HOUSE, SOUTH PUNNAMATTOM, KADAVOOR VILLAGE (DELETED). 2. AZEEZ S/O. MEERANKUNJU, CHEENICKAL HOUSE, EDAMARUKU KARA, UDUMPANNOOR , NOW RESIDING AT CHENNAKKATTU HOUSE, VANNAPPURAM KARA, VANNAPURAM VILLAGE. 3. THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA. *THE NAME OF THE IST RESPONDENT IS DELETED FROM THE PARTY ARRAY, AT THE RISK OF THE APPELLANT VIDE ORDER DT. 22.10.07 ON IA. 2448/07. BY ADV. SRI.MATHEWS J.NEDUMPARA - R3 SRI.P.V.BALAKRISHNAN - R2 SRI.THOMAS MATHEW NELLIMOOTTIL - R.3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = = M.F.A.NO. 1367 OF 2001 = = = = = = = = = = = = = = = Dated this the 17th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in OP(MV) 1311/97. The claimant who sustained injuries in a road accident was awarded a sum of Rs.14,000/- as compensation. The insurance company was directed to deposit the amount and on satisfaction to realise it from respondents 1 and 2. It is submitted that the Tribunal arrived at a decision for reimbursement on the ground that the driver was plying the vehicle without a valid driving licence. Along with the appeal an application CMP 1566/02 has been filed wherein a photocopy of the driving licence of the rider has been produced. The endorsement thereon would reveal that the licence to drive a motor vehicle other than transport vehicle is valid from 6.12.96 to 22.5.2013. The accident had taken place in February, 1997 and so if this photocopy is true then MFA 1367 of 2001 -2- there is a valid driving licence which will have direct effect in this case. But it is the responsibility of the owner and driver to prove proper driving licence before the Court below. They can produce the copy of the licence as well as the original for perusal and on satisfaction the Court can take a decision on that matter. Therefore the award under challenge is partly set aside and the Tribunal is directed to consider the question whether the 2nd respondent before it has a valid driving licence on the date of the accident after affording equal opportunities to the appellant as well as to the insurance company to produce documentary evidence in support of their respective contentions. Parties are directed to appear before the Court below on 28.7.2008. I make it very clear that the junction of the legal representatives of the deceased claimant is not necessary to proceed with the matter for the reason that the award has been satisfied. M.N. KRISHNAN, JUDGE. ul/- MFA 1367 of 2001 -3- M.N. KRISHNAN, J. = = = = = = = = = = M.F.A. No. 1367 OF 2001 = = = = = = = = = = = J U D G M E N T 17th June, 2008.