IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 MACA.No. 1381 of 2011() ----------------------- OPMV.502/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/RESPOSNDENT 2. -------------------------------------- K.S.SATHYAN,S/O.RAMAN, KOMATH HOUSE, KURUPPUMPADY. BY ADV. SRIK.C.SURESH SRI.M.R.ARUN RESPONDENT(S): RESPONDENTS/RESPONDENTS. --------------------------------------- 1. ELIKUTTY,W/O.KURIAKOSE, MUNDACKAL HOUSE, MALAYINKEEZHU, KOTHAMANGALAM-686 691. 2. CHACKOCHAN, S/O.LATE KURIAKOSE, MUNDACKAL HOUSE, MALAYINKEEZHU, KOTHAMANGALAM-686 691. 3. EMILY,D/O.LATE KURIAKOSE, MUNDACKAL HOUSE, MALAYINKEEZHU, KOTHAMANGALAM-686 691. 4. SHIBU M.K, S/O.KUNJUMON, MUDOMATTATHIL HOUSE, KODAMUNDA, PALLARIMANGALAM,KOTHAMANGALAM-686 691. 5. THE NATIONAL INSURANCE COMPANY LTD, MULLAPALLY BUILDING, PERUMBAVOOR-683 542. SMT.RAJI T.BHASKAR FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- M.A.C.A. No.1381 of 2011-C ------------------------------------------------- Dated this the 12th day of October, 2011 JUDGMENT Basant,J. This appeal is preferred by the owner of the vehicle against the direction in the impugned award that the insurance company can recover the amount after satisfying the award by payment of amounts to the claimants. The challenge is only against that direction. 2. The learned counsel for the appellant had submitted on the last date of posting that the driver of the vehicle at the relevant time was duly licenced and there was only an omission to produce the driving licence before the Tribunal. The learned counsel for the insurance company was directed to take specific instructions on this aspect. 3. Today when the matter came up for hearing, there is no representation for the appellant. Advocate Smt. Raji T. Bhaskar enters appearance for the 5th respondent/insurance company. The learned counsel submits that the insurance company has verified the licence and is satisfied that the driver of the vehicle M.A.C.A. No.1381 of 2011 -: 2 :- was duly licenced at the relevant time. In these circumstances, this appeal can be allowed, submits the learned counsel for the 5th respondent/insurance company. 4. Inasmuch as it is conceded that the driver of the vehicle was duly licenced to drive the vehicle which he was driving at the relevant time, we are satisfied that the direction issued under the proviso to Sec.149(4) of the Motor Vehicles Act in favour of the insurance company permitting the insurance company to recover the amount from the appellant herein can be set aside. 5. In the result: (a) This appeal is allowed. (b) The impugned award is upheld in all other respects; but the direction that the 5th respondent/insurance company can recover the amount from the appellant herein is set aside as agreed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge M.A.C.A. No.1381 of 2011 -: 3 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- C.M. Appl. No.2102 of 2011 in M.A.C.A. No.1381 of 2011 ------------------------------------------------- Dated this the 12th day of October, 2011 ORDER This petition is to condone the delay of 477 days in filing the M.A.C.A. Heard. We are satisfied that a lenient view can be taken and the delay can be condoned. Petition allowed. Delay condoned. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/