IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 MACA.No. 1446 of 2008() ------------------------------------ (OP.(MV)NO.477/2002 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,THALASSERY) APPELLANT: 2ND RESPONDENT: -------------------------------------------------- NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, II P P B 811, NOOR COMPLEX, MAVOOR ROAD, NEAR ARAYIDUTH PALAM, CALICUT-673 004. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: RESPONDENTS: ----------------------------------------------------- 1. POMMANICHIL MUHAMMED, S/O.ABDULLA, BLATHOOR, KALLIYAD POST, IRIKOOR VIA, KANNUR DISTRICT. (DIED). 2. C.H. MARIYAM, CHANDROTH HOUSE, BLATHOOR, KALLAYAD POST, KANNUR DT. 3. C.H. NAZER, S/O. MUHAMMED, CHANDROTH HOUSE, BLATHOOR, KALLAYAD POST, KANNUR DISTRICT. 4. K.C.RAJEEV, S/O.KARUNAKARAN, SECRETARY, PUNNAD S.C BANK, PADMALAYAM, KALLIYAD AMSOM, URATHOOR DESOM, KESAVAN VAYAL POST. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.1697/2008 IN M.A.C.A.NO.1446/2008 DISMISSED 10/07/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1446 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)477/02. The claimant sustained injuries in a road accident and during the pendency of the proceedings he died and his legal representatives are impleaded as supplemental petitioners 2 and 3. The insurance company resisted the claim and also claimed exoneration of the liability on the ground that the owner cum driver of the vehicle does not have a valid licence but was only having a learner's licence. The Tribunal in paragraph 9 repelled the contention holding that no document has been produced and therefore the question of reimbursement does not arise. A perusal of the appendix would show that Ext.B1 produced by the insurance company is a true copy of the learner's licence in respect of one K.C. Rajeev. So the finding of the Tribunal that no document has been produced to show that there was only learner's licence M.A.C.A. 1446 OF 2008 -:2:- is apparently incorrect on the face of the record. I do not want to summon all the parties here and then remit the matter but I feel the award can be set aside to the extend so far as it relates to the right of reimbursement is concerned and the matter can be decided. Therefore the award under challenge is set aside to the limited extend of the liability of the entitlement of the insurance company to get reimbursement from the owner of the vehicle. Since I am disposing of the matter at the admission stage the insurance company is directed to take out notice to the owner cum driver and the Tribunal is directed to move fresh on that point and pass appropriate orders. The presence of the claimant need not be insisted for the reason that he has nothing to do with the interse dispute between the owner and the insurance company. The appellant is directed to appear before the Court below on 20.8.08. M.N. KRISHNAN, JUDGE. ul/-