IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 MACA.No. 185 of 2005() ---------------------------------- OPMV.908/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/IST RESPONDENT; ------------------------------------------ C.J.SONY, S/O.JOHNY, CHEMBUKAVU HOUSE, VILVATTOM, CHEROOR. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: PETITIONER/RESPONDENT 2 & 3: -------------------------------------------------------------------- 1. JAYA. D/O.SANKARAN, KIZHAKINIYEDATH, MUKKATTUKARA DESOM, NETTISSERY VILLAGE, THRISSUR. 2. JOJU, S/O.NEELAMKAVIL GEORGE, KARIMBARA ROAD, CHIYYARAM VILLAGE, THRISSUR. 3. THE ORIENTAL INSURANCE COMPANY LTD., M.G.ROAD, THRISSUR. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.A.C.A. NO.185 OF 2005 = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008 J U D G M E N T -------------------- First respondent-owner in O.P(MV) No.908 of 1999 on the file of the Motor Vehicles Accident Claims Tribunal, Thrissur, is the appellant. Appeal is filed against the award passed by the Tribunal by which it awarded a compensation of Rs.25,000/- directing the Insurer to pay the same and then to recover the same from the appellant. Appeal is filed challenging that award. 2. Admittedly, the rider of the motor cycle was having only a learner's licence at the time of accident. Tribunal took a view that he was riding the motor cycle without an instructor in the rear seat and as such the Insurer is entitled to recover the amount from the owner. It is true that the name and other details of the instructor who is stated to be the pillion rider were not given in the original written statement. But, the appellant, subsequently, filed an additional written statement giving the name and address of a particular M.A.C.A. NO.185 OF 2005 -: 2 :- individual as instructor. The claimant, while examination, had stated that there was a pillion rider in the motor cycle. But when she was further cross-examined by the Insurer she deposed that she does not know as to how many persons were travelling in the motor cycle at the time of accident. Appellant gave the name and address of the instructor, but the Tribunal did not accept the same on the ground that the instructor was not examined and the driving licence was not produced. 3. After hearing both sides, I am of the view that the appellant can be given one more opportunity to establish that there was actually an instructor pillion riding on the motor cycle. For that purpose the case has to go back after setting aside the finding entered into by the Tribunal that the Insurer shall deposit the compensation awarded and then to recover the same from the appellant. 4. In the result, the appeal is allowed in part. The finding entered into by the Tribunal that the Insurer shall deposit the compensation awarded and then to recover the same from the appellant alone is set aside. Other findings are M.A.C.A. NO.185 OF 2005 -: 3 :- confirmed. The matter is remanded. The Tribunal is directed to take O.P(MV) No.908 of 1999 back to file and decide the issue afresh regarding the liability of the appellant. Both parties shall be given opportunity to adduce further evidence, if so advised. Parties are directed to appear before the Tribunal on 27.5.2008. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008