IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 MACA.No. 897 of 2006() ---------------------- OPMV.347/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANTS/RESPONDENTS 1 & 2 ------------------------------------------- 1. M.P.NANU, S/O. KUNJIRAMAN, CHERIYAKANARAN MAKKOOL HOUSE, P.O.ALANGODE, VIA PANOOR, THALASSERY TALUK. 2. SURESH, S/O. KUNJIRAMAN, CHERIYAKANARAN MAKKOOL HOUSE, P.O.ALANGODE, VIA PANOOR, THALASSERY TALUK. BY ADV. SRI.P.NARAYANAN RESPONDENTS/PETITIONER & 3RD RESPONDENT ------------------------------------------- 1. A.K.DHANYA, D/O. BALAN, AGED 25 YEARS, THANAL HOUSE, P.O.NUT STREET, NADAKKUTHAZHA AMSOM, PUTHOOR DESOM, VADAKARA TALUK. PIN - 673 104. 2. THE UNITED INDIA INSURANCE COMPANY LTD., REP. BY THE BRANCH MANAGER, BRANCH OFFICE, P.B.NO.87, THALASSERY-1. ADV. SMT.P.A.REZIYA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.897 of 2006 .................................................................... Dated this the 3rd day of June, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed by the registered owner and driver of the vehicle challenging the award of the MACT authorising recovery of the awarded compensation by the Insurance Company from them, for the reason that vehicle at the time of accident was driven by second respondent in the award without a driving licence. There is a controversy as to whether respondents filed written statement contending that driver had licence. In any case we feel since photocopy of driving licence is produced in this court, appellants could be given one opportunity to produce the original driving licence before the MACT to consider genuineness of the same and to modify the award, if required. We make it clear that since there is some discrepancy in the address of the parties in the claim case as well as in the driving licence, MACT will verify genuineness of the original driving licence produced by the second appellant, and if required 2 details should be called for from the RTO before final orders are passed. Since the claimant has no role in the matter, the appeal on remand should be decided after hearing the appellants and the Insurance Company only. The MACT, Vadakara is directed to take a decision within a period of three months from date of production of copy of this judgment. Appellants will produce copy of this judgment before the MACT for compliance. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms