IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 MACA.No. 1404 of 2009() ----------------------------------- OPMV.206/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANTS/RESPONDENTS 1 & 2: --------------------------------------------------- 1. SANTHOSH, VARIKKAYILKAROTHU, MEENACHIL P.O., PALA. 2. GOPALAKRISHNAN NAIR, IKKARAKUZHIYIL HOUSE, NELLIKKUNNU BHAGOM, MATTAKKARA.P.O. BY ADV. MR.A.K.HARIDAS RESPONDENTS/PETITIONER & 3RD RESPONDENT: ------------------------------------------------------------------------- 1. ANTONY, VATTOTHUKUNNEL, MEENACHIL. 2. THE NATIONAL INSURANCDE CO. LTD., REP. BY ITS BRANCH MANAGER. R2 BY ADV. SMT.SARAH SALVY. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.1404 OF 2009 ............................................. Dated this the 9th day of September, 2009 J U D G M E N T This is an appeal preferred by the owner and driver in OP(MV)No.206/2007 of the Motor Accidents Claims Tribunal, Pala. The Tribunal has awarded an amount of Rs.29,400/=. The insurance company was directed to deposit the amount and it was permitted to recover the amount from the owner and driver. Such a clause was incorrect for the reason that there was no valid licence for the driver proved at the time of the accident. Now along with the Memorandum of Appeal, the appellants had produced photocopy of a driving licence which is Annexure-I. Annexure-1 at page 17 would indicate that the licence has been renewed from 30.1.2006 to 5.4.2010. Admittedly the accident is subsequent to the renewal of the licence if it is true. But there is a change of address and therefore they have produced Annexure-2- oiginal of the certificate issued by the Village officer, Akalakunnu to prove the same. Now it has to be considered whether there was a valid driving licence for the driver a t : 2 : M.A.C.A.NO.1404 OF 2009 the time of the accident in the light of the materials produced as Annexures-1 and 2. The matter requires evidence and therefore an opportunity can be given. 2. Therefore, the award under challenge is set a side so far as it relates to the liability is concerned and the matter is remitted back to the Tribunal for considering the question whether the driver did have a valid driving licence at the time of the accident. For the said purpose, the Registry is directed to permit the appellant's counsel to take back Anneuxres-1 and 2 and produce it before the Tribunal and parties are permitted to adduce both documentary and oral evidence in support of their respective contentions. Since the presence of the claimant is not necessary, his presence need not be insisted. Therefore, the appellants as well as the insurance company are directed to appear before the Tribunal on 3.11.2009. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 3 : M.A.C.A.NO.1404 OF 2009