IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 MACA.No. 182 of 2011 ------------------------------------- OPMV.2493/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): 1ST AND 5TH RESPONDENT IN OP(MV): ---------------------------------------------------------------------------------------- 1. THE MANAGING TRUSTEE, GEETHA BHAVAN TRUST, ANGAMALY, ANGAMALY P.O., ERNAKULAM DISTRICT-683572. 2. THE MANAGER, VIDHYADHIRAJA VIDHYA BHAVAN CENTRAL SCHOOL, ANGAMALY P.O., ANGAMALY 683572, ERNAKULAM DISTRICT. BY ADV. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENTS : CLAIMANTS/RESPONDENTS: ------------------------------------------------------------------------- 1. JOMON P.S., S/O.SABU, PAREEKUNDIYIL @ SETHU, KUTTIPARAMBIL HOUSE, PARAMBUSSERY, KURUMOSSERY P.O., NEDUMBASSERY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT-683 101. 2. MARTIN K.D., S/O.DEVASSY, KANNAMPUZHA HOUSE, CHEMPANOOR, ANGAMALY P.O., ERNAKULAM DISTRICT-68572. 3. NATIONAL INSURANCE COMPANY LTD., URUMBATH BUILDING, PUMP JUNCTION, ALUVA-683101. 4. UNITED INDIA INSURANCE COMPANY LIMITED, KAP COMMERCIAL CENTRE, R.S.ROAD, ALUVA-683101. ADV. SMT.RAJI T.BHASKAR FOR R3 SRI.JOHN JOSEPH VETTIKAD FOR R4 SRI.GOPAKUMAR G. (ALUVA) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/06/2011, ALONG WITH MACA NO.304 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.Nos.182 OF 2011 & 304 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of June 2011 JUDGMENT Basheer, J. These two appeals are being disposed of through this common judgment since they arise from a common award passed by the Motor Accidents Claims Tribunal, in two claim petitions filed under Section 166 of the Motor Vehicles Act. 2. Appellant is admittedly the owner of a mini bus which hit against a two wheeler resulting in certain injuries to the rider and the pillion. The claim petitions filed by these two riders were allowed by the Tribunal. It was found by the Tribunal that the driver of the mini bus did not possess a valid licence and badge at the time of the accident. This finding was entered for the reason that the owner and driver did not produce the badge and licence though a specific direction was issued by the Tribunal in this regard on a specific plea raised by the insurance company. 3. It is submitted by Sri.K.Sree Hari Rao, learned counsel for the appellant, that the driver did in fact possess a valid badge and licence at the time of the accident. But these documents could not be produced before the Tribunal due to reasons beyond his control. There was no willful laches or negligence on the part of the owner and driver in complying with the direction issued by the Tribunal. It is further pointed out by the learned counsel that true photocopy of the driving licence particulars has been produced before this court which would substantiate the contention of the driver and the owner. We M.A.C.A.Nos.182 OF 2011 & 304 OF 2011 :: 2 :: do not propose to go into that question at this stage in view of the order that we propose to pass. 4. Having regard to the peculiar facts and circumstances of the case, we are satisfied that the common appellant in these two cases can be granted a further opportunity to adduce further evidence in the case on condition that the appellant pays a sum of Rs.10,000/- each in these two appeals to the insurer of the vehicle, namely, National Insurance Company Limited. The cost shall be deposited before the Tribunal within one month from today failing which these appeals will stand dismissed. If the cost is deposited, it shall be released to the insurance company. 5. The Tribunal shall give further opportunity to the appellant and the driver to adduce further evidence in the matter. Similarly, the insurance company shall also be at liberty to adduce further evidence, if so advised. Parties except the claimants shall appear before the Tribunal on July 15, 2011. 6. The Tribunal shall dispose of the cases on or before September 30, 2011. However, it is made clear that the Tribunal shall consider only the question of liability. In other words, the quantum fixed by the Tribunal shall not be reconsidered. Appeals are disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes