IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 MACA.No. 992 of 2008 ------------------------------- O.P(MV).NO.1441/1999 OF ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ 2ND RESPONDENT: ------------------------------------------------ NATIONAL INSURANCE COMPANY LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MUTHOOT TOWERS, M.G.ROAD, KOCHI. BY ADV. SRI.RAJAN P.KALIYATH. RESPONDENTS/ PETITIONER & R1: --------------------------------------------------- 1. MARY FRANCIS, AGED 37 YEARS, W/O.FRANCIS, KALATHIL HOUSE, 11/1060 ST.JOHN PATTOM, FORT COCHIN, COCHIN-1, AND NOW RESIDING AT KANIAMPARAMBIL NAZARATH, COCHIN-2. 2. C.A.ANTONY, S/O.C.V.ANTONY, CHAKKALAKKAL VEEDU, IX/408, WEST OF STATUS JUNCTION, NAZARETH, COCHIN-2. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 992/2008: ORDER ON I.A. NO. 1205/2008 IN M.A.C.A. NO. 992/2008 DISMISSED 02/06/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 992 OF 2008 --------------------- Dated this the 2nd day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV) 1441/99. The Insurance Company has filed this appeal on the ground that the Tribunal has failed to consider the absence of driving licence and it incorrectly recorded that no steps was taken to get the licence produced in the case. 2. Learned counsel for the Insurance Company would submit before me that the company has filed an application IA 10573/00 calling upon the production of the driving licence. Without considering that application, the Tribunal has reached a conclusion which requires interference. The exoneration of an Insurance Company from the liability primarily depends upon the non- possession of a driving licence and also other factors which are mentioned in National Insurance co. Ltd. v. Swaran Singh [2004 (1) KLT 781 (SC)]. The Tribunal has not applied its mind in that direction. Since the Tribunal has arrived at a decision even without MACA No.992/08 2 disposing of the interlocutory application pending before it, the matter requires reconsideration by the Tribunal. So there is no point in unnecessarily dragging the parties to this court for that purpose. Therefor the award under challenge is set aside and the matter is remitted back to the Tribunal to consider and dispose of IA 10573/00 and also the question of liability of the Insurance Company in the light of the decision reported in Swaran Singh's case and the subsequent decisions in the subject after affording opportunities to all concerned to produce both oral and documentary evidence in support of their respective contentions. The Insurance Company is directed to appear before the court below on 15.7.08. On appearance, notice be given to the appellant as well the owner and driver and thereafter fix a date, hear the matter and then dispose it of in accordance with law. M.N.KRISHNAN, JUDGE vps