IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 MACA.No. 1822 of 2006() ----------------------------------- OPMV.106/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT ------------------------------------------ THE MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., MANGALORE NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENTS/ RESPONDENTS 1 & 2 ------------------------------------------------------ 1. GANESH SHETTY, S/O. NARAYANA SHETTY, C/O. CITY VISION CABLE NETWORK, UPPALA P.O., UPPALA VILLAGE, KASARAGOD. 2. SUDHASH, S/O. SADANANDA BHANDARY, KINNIGOLI, MAJAL BEEDU, P.O.ERA, BANTWAL TALUK, DAKSHINA KANNADA. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1822 OF 2006 --------------------- Dated this the 11th day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Kasaragod, in OP(MV) 106/03. A minor petitioner sustained injuries in a road accident and the Tribunal had awarded him a compensation of Rs.51,600/-. The 3rd respondent/appellant herein contended that it must be exonerated from the liability on the ground that the 1st respondent was not having a valid driving licence which will amount to the violation of the policy conditions. It is also submitted by Learned counsel for the appellant that the charge sheet would reveal the non-possession of licence. Further, an application was moved for a direction to produce the licence. But unfortunately, the Tribunal has omitted to consider that point at all. Therefore the matter requires reconsideration. The award under challenge is set aside so far as it relates to the inter se dispute between the Insurance Company and the owner and permission is granted to both sides to substantiate their contentions in accordance with law. As the owner and driver has not MACA No.1822/06 2 appeared before this court inspite of notice, I direct the Insurance Company to take out notice after it enters appearance from the Tribunal so that they can also be heard. Appellant is directed to appear before the Tribunal on 21.8.08. M.N.KRISHNAN, JUDGE vps MACA No.1822/06 3