IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 MACA.No. 2215 of 2009() ---------------------------------- OPMV.369/2005 & 370/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT/3RD RESPONDENT: ---------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., KASARGOD, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/RESPONDENTS 1 & 2: ------------------------------------------------------ 1. C. ABDULLA, S/O. ABOOBAKAR, R/AT KALARIYADUKAM HOUSE, CHERKALA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. SREEDHARAN, S/O. KUMMARN, R./AT AMMANGOD HOUSE, BEDADKA POST, KASARAGOD TALUK AND DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.2215 OF 2009 ............................................. Dated this the 15th day of September, 2009 J U D G M E N T I feel this is a fit case where the matter has to be sent back to the Tribunal for a proper consideration of the materials even without notice to the other side especially in the backdrop that the owner and the driver had not entered appearance before the Tribunal. 2. This is an appeal preferred against the award of the Claimas Tribunal, Kasaragod in OP(MV)No.369/2005. The only point that is the subject matter of the appeal is that whether the person who had driven an autorickshaw on the date of the accident did have a proper valid driving licence to drive a transport vehicle. The accident took place on 21.2.2005. Ext.B2 is the driving licence particulars produced by the insurance company in support of their respective contentons. The learned counsel for the appellant had made available before me for perusal a copy of Ext.B2. Ext.B2 would show that the driver obtained an authorisation to drive a transport vehicle only with effect from 22.3.2005. Since the accident had taken place on : 2 : M.A.C.A.NO.2215 OF 2009 21.2.2005, Ext.B2 would reveal that he did not have a valid drivng licence to drive a transport vehicle on 21.2.2005. Unfortunatley the Tribunal has missed this point though the particulars were available before the Tribunal. So, the matter requires much consideration at the hands of the Tribunal. Now in the light of the authoritative pronouncement of the Apex Court, when a person drives a transport vehicle, he is expected to have an authorisation to do so and the mere fact that the laden weight of an auto rickshaw is less than 7500 kgs that will not permit a party to drive a passenger auto ricksaw which is a public vehicle without proper authorisation to drive a transport vehicle. 3. So, I set aside the award of the Tribunal so far as it relates to the inter se liability between the insurance company and the owner. I direct the insurance company to appear before the Tribunal on 10.11.2009 and thereafter take fresh notice to the owner and the driver so that the matter can be disposed of in their presence as they may be held liable if the licence is not proper. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2215 OF 2009