IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 MACA.No. 2614 of 2009() ------------------------------------ OPMV.1649/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT(S): 3RD RESPONDENT ------------------------ THE ORIENTAL INSURANCE CO. LTD., KODUNGALLUR, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. MR.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): RESPONDENT 1 & 2 ----------------------------- 1. K.K. GIRISH, S/O. KARTHIKEYAN, KANJUMAKKANPURAKKAL HOUSE, ERIYAD VILLAGE, ERIYAD P.O., KODUNGALLUR TALUK, THRISSUR DIST. 2. RANJITH, S/O. VELAYUDHAN, MANATHALA HOUSE, NEAR MAHILASAMAJAM, KUNJAINY P.O., EDAVILANGU, KODUNGALLUR TALUK, THRISSUR DIST. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ......................................... M.A.C.A.NO.2614 OF 2009 ................................................. Dated this the 3rd day of November, 2009 J U D G M E N T As the matter requires reconsideration, I am disposing of the appeal at the admission stage itself without issuing notice to the respondents. 2. The appeal is preferred against the award of the Claims Tribunal, Irinjalakkuda in OP(MV)No.1649/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.30,000/= and the insurance company is directed to deposit the amount. Challenging that amount, the insurance company has come up in appeal. 3. It is the contention of the insurance company that the driver did not have a valid driving licence and therefore, it is to be exonerated from the liability. The Tribunal considered this aspect in Para 8 of the award and held that the insurance company did not prove absence of the licence or that the police had registered a petty case against him. But the claimant himself has produced Ext.A2 which is a : 2 : M.A.C.A.NO.2614 OF 2009 copy of the charge sheet. The charge sheet itself would reveal that the accused in the case has been booked for driving a vehicle without a driving licence as 18/KDLR/TFU/M2/2004. It was not proper on the part of the driver in not producing the documents. So, the matter requires reconsideration at the hands of the Tribunal at least on the question of reimbursement due to the insurance company. So, without disturbing the quantum fixed and initial liability of the insurance company to pay the amount to the claimant, the matter is sent back to the Tribunal for deciding the question whether there was a valid driving licence for the driver and whether in the absence of the same, the insurance company is entitled to reimburse from the owner. The insurance company is directed to appear before the Tribunal on 9.12.2009 and after it enters appearance, it shall take out notice to the owner and the driver. Since the insurance company has deposited the amount in favour of the claimant, his presence need not be insisted. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.2614 OF 2009 : 4 : M.A.C.A.NO.2614 OF 2009