IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 MACA.No. 1541 of 2009() ----------------------- OPMV.1043/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/ IST RESPONDENT ---------------------------- SURESH KUMAR @ SURESH,S/O.BHASKARAN, VALIPLACKAL HOUSE,VANDANPATHAL KARA, R.P.C.,MUNDAKKAYAM. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS/ PETITIONER & 2ND RESPONDENT ------------------------------------------ 1. SASIDHARAN,PULLOLIL HOUSE, KORUTHODU P.O. 2. THE NATIONAL INSURANCE CO.LTD., REP.BY ITS BRANCH MANAGER, PALA. ADV. SRI.RAJAN P.KALIYATH FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No.1541/2009 I.A.NO.1827/2009 IN MACA.NO.1541/2009 DISMISSED 6.1.2010 SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// PA TO JUDGE M.N.KRISHNAN, J. --------------------------- M.A.C.A.No.1541 OF 2009 --------------------------- Dated this the 6th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Pala, in O.P(M.V) No.1043/2007. The owner-cum-driver of the autorickshaw is the appellant before me and he had moved this appeal aggrieved by the decision of the Tribunal directing him to reimburse the amount ordered to be paid by the Insurance Company. The learned Tribunal in paragraph 8 of the award considered the matter and held that the owner-cum-driver had obtained authorisation to drive a transport vehicle on 11.3.1997 and that was valid till 10.3.2000. He also held that subsequently it was renewed only on 9.1.2009 and therefore there was no effective driving licence for the person to drive an autorickshaw. Along with the memorandum of appeal as per I.A.No.3474/2009, the driving licence particulars are produced before me. It is true that the badge is seen revaluated only on 9.1.2009. But, in renewal details of licence the old NTV validity, that is, Non Transport Vehicle validity, is shown as 11.3.1997 to 8.8.2014 and old TV validity, MACA.No.1541/2009 2 that is, Transport Vehicle validity, is seen from 11.3.1997 to 30.5.2007. If really, there is a valid driving licence for a transport vehicle up to 30.5.2007, as the accident has taken place on 27.5.2007, it may have to be found he was having a valid driving licence. But, the correctness of the same has to be established by the party has who produced it and therefore, I am inclined to grant an opportunity. 2. In the result, the appeal is partly allowed and the award directing the appellant to reimburse the amount to the Insurance Company is set aside and it is directed to give an opportunity to the owner to produce all particulars and adduce evidence, in support of the contention regarding the validity of the licence. Needless to say that Insurance Company can also be permitted to produce evidence in support of their respective contentions. The junction of the claimant need not be insisted. The parties are directed to appear before the Tribunal on 9.2.2010. (M.N.KRISHNAN, JUDGE) ps