IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 MACA.No. 513 of 2008() ------------------------------------ OPMV.392/1997 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/4TH RESPONDENT -------------------- OMANA JOSEPH, W/O.KOCHAPPAN, PULIKADOM HOUSE, VALLIKULAM ROAD, CHALAKUDY. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: PETITIONER & RESPONDENTS 1 TO 3 & 5 --------------------- 1. P.M.VASU, S/O.KUNJU PANICKEN, H/O.THANKAMMA, PALAKKATTIL VADAKKETHIL, MUTTOM P.O., CHEPPAD. 2. KURUVILA, KALLOOR VEETTIL, HOUSE NO. 1/700, PALACHUVAD, KAKKANADU WEST P.O., THRIKKAKARA, KANAYANALLOOR. 3. ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, THIRUVALLA. 4. SHANAVAS, PARAKOTTU HOUSE, NELPPING, SREE NARAYANAPURAM, TRICHUR. 5. UNITED INDIA INSURANCE CO.LTD., REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM. BY ADV. SRI.S.MAMMU FOR R5 SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA No.513 OF 2008 ===================== Dated this the 25th day of July 2008 JUDGMENT This appeal is preferred by the 4th respondent in the claim application against the award of the Motor Accidents Claims Tribunal, Mavelikkara in O.P.(MV)No.392 of 1997, whereby the court has directed the 4th respondent to reimburse the amount paid by the 5th respondent on the ground that the 3rd respondent driver did not have effective valid driving license to ply the vehicle. The Tribunal arrived at such a decision on the ground that when an application was filed calling upon the driver to produce the driving license he did not respond to the summons of the court. So, the court took an adverse inference came to the conclusion that there is no valid driving license and so ordered reimbursement. Learned counsel for the appellant had brought to my notice two important factors which requires real consideration. He had referred to the scene mahazar wherein the person preparing the scene mahazar has given details of the driving license of the driver. The Tribunal did not look into that aspect. Similarly, along with the memorandum of appeal, Annexure A is produced which relates to the MACA 513/2008 -:2:- particulars regarding the driving license of the 3rd respondent in the claim application. It can be seen that he was given license to drive motor cycle + Auto with badge from 18.12.1993 to 17.12.1996. He was again given the authorisation to drive light motor vehicle with effect from 10.4.1995. It is further seen that he was also authorised to drive HPV and HGV with effect from 28.9.1996. The accident in this case had taken place on 26.12.1996. If these particulars are proved to be correct, then there may be a driving license. Further, it is also to be considered whether mere absence of a license will exonerate the insurance company from the liability in the light of the decision of the Supreme Court in National Insurance Co.Ltd. v.Swaran Singh(2004(1) KLT 781(SC). Therefore the matter requires reconsideration so far as it relates to the inter se dispute between the insurance company and the 4th respondent, viz the appellant herein. I feel these documents and if necessary, the originals can be produced before the Tribunal and the matter be looked into by the Tribunal as the matter requires evidence. Therefore the award under challenge is set aside so far as it relates to the question of reimbursement and the appellant is permitted to produce necessary documents and adduce both oral and documentary evidence before the Tribunal to establish the factum of an effective driving license MACA 513/2008 -:3:- and no breach of policy conditions. The insurance company is also permitted to adduce evidence in support of its contentions and the matter be decided by the Tribunal in accordance with law. Till that time any revenue recovery proceedings with respect to the realisation of the amount be stayed. I also make it clear that the junction of the legal representatives of the claimant is not necessary for the disposal of the case. Parties are directed to appear before the Tribunal on 2.9.2008. MACA is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-