IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 M.A.C.A.No. 1554 of 2006(B) ----------------------- THE AWARD DATED 22/02/2005 IN O.P(MV) NO.1714/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/2ND RESPONDENT: -------------------------- PALAMADATHIL SAIDALAVI, S/O.MOHAMMED, PALAMADATHIL HOUSE, P.O. A.R NAGAR. BY ADV. SRI.T.V.GEORGE SMT.ASHA MOHAN SMT.LINDA GEORGE RESPONDENTS/ PETITIONER/RESPONDENTS: ----------------------------------- 1. MULLAN MUSTHAFFA, S/O.ALASSAN, MULLAM HOUSE, C.C.MADU, IRINGALLOORE,P.O, VENGARA VIA, MALAPPURAM DIST. 2. PALAMADATHIL SUAIB, S/O.MUSTHAFFA, PALAMADATHIL HOUSE, P.O.THRIKKULAM, TIRURANGADI. 3. M/S. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, UP HILL, MALAPPURAM. BY ADV. SRI.SAJU.S.A - R1 SRI.N.P.GIRISH - R1 SMT.P.A.REZIYA - R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: scm M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1554 OF 2006 --------------------- Dated this the 31st day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1714/00. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.48,622/- by the Tribunal. The Insurance Company is directed to pay the amount and realise it from the registered owner. Aggrieved by that decision, the registered owner has come up in appeal. 2. Heard both sides. Learned counsel has made available before me for perusal a copy of the driving licence of the driver. The photocopy reveals that there was a valid badge also. But it may not be correct to rely upon a photocopy of the document, when the driver at the stage of trial in spite of notice has not chosen to produce the same. But if really there is a valid badge, then the Insurance Company may be liable to pay the amount. However, it appears that the Tribunal did not consider the impact of the decision reported in National Insurance Co. Ltd. v. Swaran Singh [2004 (1) KLT 781 MACA No.1554/06 2 (SC)] . In order to decide the inter se dispute between the Insurance Company and the owner regarding the liability of the Insurance Company to indemnify, the matter is remanded back to the Tribunal and the appellant is permitted to produce documentary as well as oral evidence in support of the contention. The Insurance Company is also permitted to produce necessary evidence if it feels to rebut the same. Parties are directed to appear before the Tribunal on 4.9.08. M.N.KRISHNAN, JUDGE vps MACA No.1554/06 3