IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 MACA.No. 2316 of 2008() ---------------------------------- OPMV.455/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/2ND RESPONDENT: ---------------------------------------------- KANNAN @ RATHEESHKUMAR, S/O.GURUSWAMY, MAMBALLAM, MUTHALAMADA, KOLLENGODE, PALAKKAD. BY ADV. MR.LIJU. M.P RESPONDENT/PETITIONER-RESPONDNTS/RESPONDENTS NO.1 & 3: -------------------------------------------------------------------------------------------------- 1. A.P.SIVADASAN,S/O.PAZHANIMALA, KIZHAKKETHARA, ANAMARI, KOLLENGODE,PALAKKAD. 2. T.JAGADHEESAN, S/O.THAMBAVU PILLAI, 4/5 THIRU CHITHRAMBALAM LAY OUT, P.V.PALAYAM,COIMBATORE. 3. THE NEW INDIA ASSURANCE CO.LTD, SREE VALLI BUILDINGS, ANIKODE JN, CHITTUR,PALAKKAD. ADV. MR.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N.KRISHNAN, J ===================== MACA No.2316 OF 2008 ===================== Dated this the 3rd day of February 2009 JUDGMENT This appeal is filed by the 2nd respondent in O.P.(MV)No.455 of 2002 against the award of the Motor Accidents Claims Tribunal, Palakkad. The point that arises for determination is whether the appellant did have a valid driving license at the time of the accident. A perusal of the award would show that in spite of specific direction, the appellant did not produce driving license. Now along with the appeal, a photocopy is produced, which, if true, would show that he had a driving license from 27.11.1995 to 19.4.2010. The accident had taken place in the year 2001. So, if it is proved to be correct, the driver did have a valid driving license on the date of the accident. But the original of the same has to be produced and the identity has also to be established. The genuineness of the license also has to be proved. Therefore I am inclined to grant an opportunity to the appellant to produce the original of the document and prove its genuineness and its connection and thereafter the matter be disposed of in accordance with law. Till that time, no coercive proceedings shall be initiated against the owner. MACA 2316/2008 -:2:- Parties are directed to appear before the Tribunal on 3.3.2009. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-