IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 MACA.No. 1726 of 2007() ----------------------------------- OPMV.2430/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/1ST RESPONDENT ----------------------------------------- SHEEJAN, S/O. NARAYANAN, THAYYIL HOUSE, CHENGALOOR, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: CLAIMANT & RESPONDENTS 2 & 3 ---------------------------------------------------------------------- 1. V.V.RAGHAVAN, S/O. VELAYUDHAN, VALIPARAMBIL HOUSE, AMBALLOOR, NOW RESIDING AT XII/293, LOVE DALE, WEST KUNNATH, KURIACHIRA P.O., THRISSUR DISTRICT. 2. T.B.MANOJ, S/O. BALAKRISHNAN, THAZHATH HOUSE, 433/VIII, CHAZHOOR, THRISSUR DISTRICT (DELETED). 3. THE ORIENTAL INSURANCE CO. LTD., DO 2, KPN SHOPPING COMPLEX, OPP. THIRUVAMBADY TEMPLE, SHORNUR ROAD, THRISSUR. R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DATED 20.2.2008 IN I.A. NO.425 OF 2008. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.A.C.A. NO.1726 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 14th day of March, 2008 J U D G M E N T -------------------- Admitted. Advocate Shri Mathews Jacob takes notice for the third respondent. Appeal itself is heard and disposed of. 2. Appellant is the first respondent in O.P(MV) No.2430 of 2000 on the file of the Motor Accidents Claims Tribunal, Thrissur. Petitioner-first respondent herein, sustained injuries in a road traffic accident involving a motor cycle bearing Reg. No.KL-8/H-3819. He filed the Original Petition impleading the appellant, owner and also the Insurer of the vehicle. Tribunal found that the accident occurred due to the negligence of the rider of the motor cycle and found the rider as well as the owner jointly and severally liable for the compensation. Tribunal directed the third respondent to pay the compensation and then to recover the same from the appellant on the ground that he was not holding a valid driving licence at the relevant time. Challenging that part of the award, the driver himself had filed this appeal. The only dispute that M.A.C.A. NO. 1726 OF 2007 -: 2 :- arose for consideration is whether the direction issued by the Tribunal to the Insurer to deposit the compensation and then to recover the same from the appellant-driver is legal and proper. 3. According to the appellant he was holding a valid driving licence and as such the direction issued by the Tribunal is wrong. Appellant produced the original of the licence which would show that the appellant is holding a valid driving licence to drive throughout India a motor cycle with gear with effect from 7.8.1992. According to the third respondent, the date of expiry of the licence is not clear from the driving licence. I am of the view that whether the appellant was holding a valid driving licence is a matter to be considered by the Tribunal afresh in view of the fact that in the final report it was alleged that appellant was not holding a valid driving licence. For that purpose, the case has to go back. Since the dispute is between the appellant and Insurer it is not necessary to issue notice to the other respondent. 4. In the result, appeal is allowed in part. That part of the award by which the Tribunal had directed the third M.A.C.A. NO. 1726 OF 2007 -: 3 :- respondent to deposit the compensation and then to recover the same from the appellant is set aside. The case is remanded. The Tribunal is directed to take O.P(MV) No.2430 of 2000 back to file and decide the question whether the appellant was holding a valid driving licence at the relevant time afresh in accordance with law after giving both sides opportunity to adduce evidence, if so advised. 5. Parties are directed to appear before the Tribunal on 27.5.2008. Interlocutory Application No.2076 of 2007 shall stand dismissed. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008