IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 MACA.No. 2150 of 2009(A) ----------------------- OPMV.1050/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT(S)3RD RESPONDENT: --------------------------------------- THE ORIENTAL INSURANCE CO. LTD THODUPUOZHA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE ERNAKULAM NORTH, KOCHI-18 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S)/CLAIMANT: ------------------------------------ 1. ISMAIL,S/O.IBRAHIM CHUTUKATTIL HOUSE,IRUKKUBALAM BHAGOM ILAMDESAM KARA, VELLIYAMATTOM VILLAGE. 2. SALIM @ KUNJUMUHAMMED @ VARGHESE S/O.ANTONY, THOTTIPARAMBIL HOUSE CHILAVU KARA, KARIMANNOOR VILLAGE. 3. P.H.HAMEED PUTHENVEETTIL HOUSE, KALAYANTHANY PO, THODUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2150 OF 2009 = = = = = = = = = = = = = = = Dated this the 24th 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, Thodupuzha in O.P.(MV)1050/05. The claimant, who sustained injuries in a road accident has been awarded a compensation of Rs.52,200/- and the insurance company has been made liable to pay. The insurance company aggrieved by the said decision has come up in appeal stating the following things. 2. The first challenge is regarding the capacity under which the claimant was travelling and the secondly the driver's licence. So far as the first point is concerned it is submitted that he was working as a cleaner cum loading and unloading worker and that fact has been appreciated by the Tribunal to arrive at a decision and therefore it does not call for any interference. M.A.C.A. 2150 OF 2009 -:2:- 3. Salim @ Kunjumuhammad The second question appears to be quite interesting. According to the Tribunal the person who had driven the lorry had a driving licence at the time of the accident. The name of the driver as shown in the O.P.(MV) is Salim @ Kunjumuhammad, Varghese S/o Antony, Thottiparambil House, Chilavu Kara, Karimannoor. It is quite embarrassing for a Court to decide this question but it has become the duty of the Court to decide it for the reason that the licence stands in the name of one Varghese. It appears that the contention is that the Varghese has changed religion and has accepted the name Salim @ Kunjumuhammad. In order to substantiate that one PW2 was examined whose evidence is not credit worthy for the reason that he does not even know that individual. But the police after due enquiry had charge sheeted and had given his name as Salim @ Kunjumuhammad. If really Varghese himself had converted to a Muslim and the accident had taken place at that time just because he has changed the religion or changed his name that will not affect the validity M.A.C.A. 2150 OF 2009 -:3:- of the driving licence. But there must be some thing to connect the same. It is quite possible to examine the Investigating Officer who has filed the charge sheet or the driver himself can be summoned to show how it happened and it is with those materials the Court has to arrive at a conclusion that it was Varghese who has changed his name to one Salim @ Kunjumuhammad who has driven the vehicle and had caused the accident. Unfortunately the the Tribunal has not considered the matter in that angle and therefore the matter requires reconsideration at the hands of the Tribunal and therefore the award under challenge is set aside and it is remitted back to the Tribunal for considering the question who was driving the vehicle at the time of the accident and whether the person named as Varghese is having the licence as Salim @ Kunjumuhammad, enter a definite finding to that effect and then dispose of the matter. For this purpose the parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. Since none of the respondents have entered appearance before this M.A.C.A. 2150 OF 2009 -:4:- Court the insurance company on appearance before the Tribunal is directed to take out notice to these persons so that the matter can be disposed of after hearing them. Even then if they do not appear the insurance company is directed to summon the Investigating Officer with other materials so as to convince the conscience of the Court regarding the correctness. Parties are directed to appear before the Tribunal on 21.12.2009. M.N. KRISHNAN, JUDGE. ul/-