IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 MACA.No. 2173 of 2009(B) ----------------------- OPMV.1009/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/RESPONDENT: ------------------------------------ JOSEPH STANLY, S/O.PETER, PANDIYALACKAL HOUSE, THAICKAL P.O., CHERTHALA. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S)/PETITIONER/RESPONDENT: ---------------------------------------------------- 1. V.G.SAJU, AGED 24 YEARS, S/O.GEORGE, VALIYAMARATHINGAL HOUSE, SOUTH OF C.M.S.BRIDGE, CHERIYAKADAVU, COCHIN-8. 2. JOSEPH SHIBU, S/O.ANTONY, KONNOTH HOUSE, WEST OF TODDY SHOP, KANNAMALY P.O., COCHIN-8. 3. NATIONAL INSURANCE COMPANY LTD., REGL.MANAGER, REGL.OFFICE, MUTHOOT TOWERS, M.G.ROAD, COCHIN-35. ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2173 OF 2009 = = = = = = = = = = = = = = = Dated this the 13th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)1009/00. The claimant who sustained injuries in a road accident was awarded a compensation of Rs.24,723/- and was ordered to be compensated by respondents 1 and 2 in the claim petition namely owner and driver. The claim against the insurance company was dismissed. Aggrieved by that decision the owner of the vehicle has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Along with the memorandum of appeal the learned counsel for the appellant had produced a document regarding the driving licence particulars of Joseph Shibu, the driver which indicates that he had a valid licence from 21.10.07 to 2.1.22 which also gives details that he was having a licence to drive Heavy Passenger Motor vehicle from 31.3.95 as well as Heavy Goods Motor Vehicle from 31.3.95. M.A.C.A. 2173 OF 2009 -:2:- The accident had taken place on 9.12.1999. So the factum of licence as mentioned in the Annexure B1 the duration is not mentioned but it is submitted that he did have a valid driving licence and therefore I feel an opportunity has to be given to the appellant to convince the Tribunal regarding the existence of valid licence on the date of the accident. Therefore an opportunity is given. In the result MACA is partly allowed and the finding regarding the exoneration of the insurance company from the liability is set aside and the matter is remitted back to the Tribunal with a direction to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 16.12.2009. M.N. KRISHNAN, JUDGE. ul/-