IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 MACA.No. 2008 of 2005() ------------------------------------- OPMV.1092/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/PETITIONER ------------------------------------- BABU, S/O.NARAYANA PILLAI, AGED 28 YEARS, KLARICKAL HOUSE, POWER HOUSE BHAGOM, CHITIRAPURAM KARA, PALLIVASAL VILLAGE. BY ADV. SRI.C.M.TOMY SRI.MATHEW SKARIA RESPONDENTS: RESPONDENTS ------------------------------------ 1. ANIL KUMAR, CHERUVALLIYIL HOUSE, CHITHIRAPURAM, IDUKKI DISTRICT. 2. UNITED INDIA INSURANCE CO LTD., MUNNAR. BY ADV. SRI.A.K.SRINIVASAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2008 OF 2005 = = = = = = = = = = = = = = = Dated this the 15th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1092/03. The claimant sustained injuries in a road accident and the Tribunal has awarded him a compensation of Rs.4,000/-. 2. The insurance company has taken up a contention that the driver did not have a valid driving licence. Learned counsel for the appellant would submit that he could not produce valid documents before the Tribunal to show that he had sustained very serious injuries. He had produced photocopies of those documents along with the application I.A.3502/05. I permit him to produce original of the documents before the Tribunal and therefore close that application. The owner can also produce the driving licence and thereafter the Tribunal can consider the entire matter and dispose of the matter refixing the compensation, if M.A.C.A. 2008 OF 2005 -:2:- necessary, as well as the liability. For the said purpose the award passed by the Tribunal is set aside. Parties are directed to appear before the Tribunal on 28.10.08. M.N. KRISHNAN, JUDGE. ul/-