IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 MACA.No. 859 of 2009(D) ---------------------- OPMV.1783/2004 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL,KOTTAYAM .................... APPELLANT(S)/1ST RESPONDENT: ----------------------------------------------- JAYAKUMAR, AGED 36 YEARS, KALAMPATTUCHARUVIL HOUSE, KURIYANNOOR P.O., THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.N.N.SASI RESPONDENT(S)/1ST PETITIONER/3RD AND 2ND RESPONDENT: ---------------------------------------------------------------------------- 1. P.J. VARGHESE BABU, PALAMPALLIL HOUSE, VALANILAM P.O., MUNDAKKAYAMVILA , RANNI TALUK, PATHANAMTHITTA DIST. 2. THE NATIONAL INSURANCE CO. LTD., KOTTAYAM DIVISION, REP. BY THE DIVISIONAL MANAGER, KOTTAYAM. 3. SAMUEL @ BIJU, S/O. ABRAHAM, KUNNAMMURIYIL, PUTHUSERY MEPPARATHU HOUSE, CHETHACKAL P.O., RANNI, PATHANAMTHITTA DIST. ADV. SMT.SARAH SALVY FOR R2 SRI.M.P.MADHAVANKUTTY FOR R1 SRI.GOKUL DAS V.V.H. FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 859 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)1783/04. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.42,100/-. The Tribunal directed the insurance company to deposit the amount and realise it from respondents 1 and 2 jointly and severally. It is against that decision the first respondent, the owner of the vehicle has come up in appeal. 2. Along with the appeal the learned counsel had produced a copy of the driving licence which indicates prima facie that the driver did have a valid licence from 20.7.1996 to 19.7.2016. The vehicle involved in the accident is a passenger auto rickshaw. When it is a passenger carrying vehicle it will come under the ambit of the transport vehicle and as per S.3 of the M.V.Act the licence has to show that he is authorized to drive that particular type of vehicle. The M.A.C.A. 859 OF 2009 -:2:- document produced herein for perusal would show that for the period from 16.12.2008 to 15.12.2011 he has licence to drive transport vehicle. Initially a badge has been issued on 20.7.1996. It is contended that it has been renewed. So I feel since there is a licence and if there are documents to establish the renewal of the badge certainly the insurance company may not be entitle to get reimbursement. So in order to prove that point I set aside the award so far as it relates to the same. Therefore the award under challenge is set aside so far as it relates to the interse liability between the owner and the insurance company are concerned and the owner and the insurance company are permitted to produce documentary or oral evidence in support of their respective contentions to prove the factum of an effective driving licence as on the date of the accident. The matter may be decided thereafter in accordance with law. Parties are directed to appear before the Tribunal on 14.12.2009. The Tribunal is directed to dispose of the matter within a period of three months from the date of first appearance of parties. M.N. KRISHNAN, JUDGE. ul/-