IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 MACA.No. 72 of 2007(B) ---------------------------------- [O.P(MV).NO.832/2001 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PARAVUR] .................... APPELLANT/3RD RESPONDENT: ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REP. BY ITS ASST.MANAGER, REGIONAL OFFICE, SHARANYA, HOSPITAL ROAD, KOCHI-11. BY ADV. SRI.P.V.JYOTHI PRASAD. RESPONDENTS/PETITIONER & RESPONDENTS 1 & 2 RESPECTIVELY: ---------------------------------------------------------------------------------------------------- 1. ABDULLA, S/O. KHADER, PADANAKKATTU HOUSE, PARAVUTHARA KARA, MAKKANAI, MANNAM P.O., NORTH PARUR. 2. SIRAJ M.Y., S/O.YOUSAF K.K., MAKKANAI PARAMBIL, MANNAM P.O. NORTH PARUR. 3. IBRAHIMKUTTY, 1/519 C, THOKKUPARAMBIL COMPLEX, SAJU BAKERY, MANNAM P.O. *(DIED) M.A.C.A. NO. 72/2007-B: *ADDL. RESPONDENTS 4 TO 7 IMPLEADED: 4. JAMEELA EBRAHIMKUTTY, W/O. LATE IBRAHIMKUTTY, THOKKUPARAMBIL COMPLEX, SAJU BAKERY, MANNAM.P.O., NORTH PARAVOOR. 5. SAYU EBRAHIM KUTTY, S/O. LATE EBRAHIM KUTTY, -DO- 6. NASSER EBRAHIM KUTTY, -DO-. 7. SHARJA ASHRAF, W/O. ASHRAF, VALEKATTU HOUSE, (ELLICHODAN), MUTIYKAL.P.O., THANDEKKADU. *ADDL. RESPONDENTS 4 TO 7 ARE IMPLEADED LRs OF DECEASED 3RD RESPONDENT AS PER ORDER DTD. 27/09/10 IN I.A. 525/10. R2 BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE, SMT.ACHU SUBHA ABRAHAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.72 OF 2007 ............................................. Dated this the 9th day of November, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, North Paravur in OP(MV)No.832/2001. The Tribunal has awarded a compensation of Rs.72,400/= and directed the insurance company to pay the amount negativing their contention that there was no valid licence for the driver. It is against that decision, the insurance company has come up in appeal. 2. Heard. The crux of the dispute is regarding existence of licence to the driver of the vehicle. Ext.A2 charge sheet produced would reveal that the driver has been charge sheeted for having driven the vehicle without driving licence as contemplated under Section 3 of the Motor Vehicles Act. I find from the file an unmarked document which is produced claiming that there was a driving licence at the time of the accident. The number of the licence is DL.6804/MV/1999 dated 22.7.1999. It is seen issued by the Assistant Licencing Authority, Red Bills, Madras-52. Ext.B1 is the document : 2 : M.A.C.A.NO.72 OF 2007 issued by the same authority, Red Bills, Chennai to the counsel appearing for the insurance company which would indicate that during the year the last serial number of fresh driving licence issued on 31.12.1999 is F/TN 202/5445/99. As such the driving licence No.DL.6804/MV/1999 stated to have been issued on 22.7.1999 is not issued by this authority. 3. I am surprised to see that the learned Tribunal has stated that this document would prove that the driver was having a valid driving licence. It is absolutely incorrect. I do not want to add further. But if materials can be furnished and it can be proved that there was a valid driving licence, one cannot stand in the way and therefore, I am not prepared to summarily throw out the case, but I am inclined to grant an opportunity to the driver, owner and the insurance company to produce both forms of evidence to find out the existence of valid driving licence or not. 4. In the result, the award under challenge is set aside so far as it relates to the inter se liability between the insurance company, the owner and driver are concerned and direct the Tribunal to permit all concerned to produce both : 3 : M.A.C.A.NO.72 OF 2007 documentary as well as oral evidence in support of their respective contentions with reference to the existence or validity of the licence and thereafter dispose of the matter in accordance with law. If there is no valid driving licence, then the right to recovery may be ordered so that, the claimant is not put into hardship. Parties are directed to appear before the Tribunal on 20.12.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.72 OF 2007 M.N. KRISHNAN, J. ........................................... A.S.NO.389 OF 2001 ............................................. 8th day of October, 2010. J U D G M E N T