IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 MACA.No. 528 of 2010() ---------------------- OPMV.1062/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S): RESPONDENT NO.1: -------------------------------------------------------- DHARMARAJAN, S/O.LATE KUNJACHAN, AGED 50 YEARS, OTTATHENGIL HOUSE, HOUSE NO.865, AMARAVATHY P.O., IDUKKI DISTRICT. BY ADV. MR.NIREESH MATHEW RESPONDENT(S): PETITIONER & 2ND & 3RD RESPONDENTS: ------------------------------------------------------------------------------------------ 1. MOHAN, S/O.CHANDRAN, CHIDAMBARAM ESTATE, PEERMEDU P.O., PAMPANAR, IDUKKI DISTRICT. 2. ORIENTAL INSURANCE CO.LTD., PULIMOOTTIL BUILDING, P.B.NO.17, POST OFFICE JUNCTION, PUNALOOR, KOLLAM DISTRICT. 3. BINUMON, S/O.DIVAKARAN, KARUVELIL HOUSE, ROSAPPOOKANDAM BHAGAM, KUMILY, IDUKKI DISTRICT. BY ADV. MR. V.P.K.PANICKER, SC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.689/2010 IN MACA NO.528/2010 DISMISSED 15/03/2010 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 528 OF 2010 = = = = = = = = = = = = = = = Dated this the 15th day of March, 2010. 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)1062/03. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.56,400/- and the insurance company has been directed to pay the amount and realise it from the first respondent on satisfaction of the award. It is against that decision the owner has come up in appeal. 2. Learned counsel for the appellant had produced along with the memorandum of appeal the photocopy of the licence which if true indicates that there was a valid driving licence and badge on the date of the accident. If it is true then the insurance company may not be entitled to get right of recovery. So for the limited purpose I set aside the award and remit the case back to the Tribunal with a direction to permit the appellant herein to produce convincing M.A.C.A. 528 OF 2010 -:2:- documentary evidence to establish regarding the validity of the licence. Needless to say the insurance company can also raise the contention regarding the correctness or genuineness of the same and let the matter be disposed of after hearing all concerned. Since the matter is going back and as the issue requires determination I direct the authorities not to proceed with the revenue recovery proceedings until a final decision is taken in the matter. Parties are directed to appear before the Tribunal on 20.4.2010. M.N. KRISHNAN, JUDGE. ul/-