IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 MACA.No. 501 of 2007(F) ---------------------- OPMV.1266/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): /2ND RESPONDENT -------------------------------------- K.V.MUSAMMIL, S/O ABDULAKOYA, MUSHAHIRA MANZIL, VAYALILKUTTICHIRA, KUTTICHIRA P.O, KOZHIKODE. BY ADV. SRI.JACOB ABRAHAM RESPONDENT(S): RESPONDENTS 1 & 3 AND PETITIONER -------------------------------------------------------------- 1. AKKANDI SHANAVAS, S/O KHALID, THIRUVANGADU AMSOM, VADIKKAL DESOM, P.O.TEMPLE GATE, VATAKARA, KOZHIKODE DISTRICT. 2. THE NEW INDIA ASSURANCE CO.LTD., 'SILVER PLAZA', MAVOOR ROAD, KOZHIKODE. 3. SHEENESH, S/O MADHAVI, DHAROTH HOUSE, POST PARAL, THALASSERY. ADV. SMT.A.SREEKALA FOR R.2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 501 OF 2007 = = = = = = = = = = = = = = = Dated this the 12th day of November, 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)1266/98. The claimant, a young boy aged 14 years sustained injuries in a road accident and he has been awarded compensation. The Tribunal held that the driver did not have a valid driving licence and therefore granted the right of recovery to the insurance company from the owner. It is against that decision the owner has come in appeal. 2. Learned counsel for the appellant would strongly contend before me that a mere production of a charge sheet or a registration of a petty case is not sufficient to prove the absence of a driving licence. Since the matter has to be decided on the dictum laid down by the Apex Court in the decision reported in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781), I am not elaborating on that point. Even if there is no M.A.C.A. 501 OF 2007 -:2:- valid driving licence it has been held by the Apex Court that certain other conditions are to be fulfilled in order to escape from the liability by the insurance company. They are enumerated in the said decision in paragraph 102, while summarizing the whole thing by the Apex Court. Unfortunately the award has been passed in 2003 when this decision was not available for the Tribunal to be looked into. Therefore the right to recovery between the insurance company and the owner requires further adjudication for which I am inclined to grant an opportunity. Therefore the MACA is partly allowed and the award under challenge is set aside so far as it relates to the recovery right is concerned and the appellant as well as the insurance company are permitted to produce and adduce documentary as well as oral evidence in support of their respective contentions and thereafter the Tribunal shall dispose of the matter even by permitting both the parties to file pleadings and additional pleadings, frame appropriate M.A.C.A. 501 OF 2007 -:3:- issues and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 20.12.08. M.N. KRISHNAN, JUDGE. ul/-