IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 MACA.No. 611 of 2003(B) ----------------------------------- O.P(MV).NO.1410/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/1ST RESPONDENT IN THE CLAIM PETITION: ---------------------------------------------------------------------------------- P.K.ABOOBACKER, S/O. KUNJABOOTTY, PUTHULLI PARAMBIL, E.R.G. ROAD, COCHIN-31. BY ADV. SRI.K.JANARDHANAN. RESPONDENTS/ 1 TO 4 CLAIMANTS 5 & 6 RESPONDENTS 2 & 3 IN THE CLAIM PETITION: ---------------------------------------------------------------------------------------------------------- 1. RAVEENDRAN, FATHER OF DECEASED SHYJU, KANDATHICHIRA HOUSE, THIRUVANKULAM, IRUMBANAM P.O. 2. SARALA, AGED 46, MOTHER OF DECEASED SHYJU, KANDATHICHIRA HOUSE, THIRUVANKULAM, IRUMBANAM P.O. 3. SHEEJA, AGED 24, SISTER OF DECEASED SHYJU, KANDATHICHIRA HOUSE, THIRUVANKULAM, IRUMBANAM P.O. 4. SHIJI, AGED 21, SISTER OF DECEASED SHYJU, KANDATHICHIRA HOUSE, THIRUVANKULAM, IRUMBANAM P.O. 5. SUNIL MATHEW, S/O. MATHEW, PAINADATH HOUSE, IRUMBANAM, BHASKARAN COLONY, THIRUVANKULAM, IRUMBANAM. M.A.C.A. NO. 611/2003-B: 6. UNITED INDIA INSURANCE CO. LTD., VETTUKATTIL BUILDING, JOS JUNCTION, ERNAKULAM. BY ADV. SRI.M.A.GEORGE. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY & T.R.RAMACHANDRAN NAIR, JJ. ------------------------------------------------ M.A.C.A. No. 611 of 2003 ------------------------------------------------ Dated this the 11th day of January, 2008 JUDGMENT KOSHY,J. This appeal is filed by the owner of a motor vehicle. The tribunal by the impugned award directed the insurance company to deposit the amount, but, according to the tribunal, since driving licence of the driver was not produced, there is violation of the policy condition and, therefore, insurance company was allowed to recover the amount from the owner. That is challenged in this appeal. 2. The definite contention of the appellant is that the driving licence was produced and that is in the file of the tribunal, but, the tribunal did not mark the same. In the above circumstances, we set aside that part of the award which allows recovery right to the insurance company and we remand the matter for considering that question afresh. The tribunal should verify whether the driving licence is already in the file. Parties are allowed to adduce evidence on that point. If the appellant (owner) is exonerated, the amount of Rs.25,000/- MACA No.611/2003 -2- deposited as a condition precedent in filing the appeal shall be returned to the appellant. Parties shall appear before the tribunal on 17.3.2007. The appeal is allowed by way of remand. J.B.KOSHY JUDGE T.R.RAMACHANDRAN NAIR JUDGE vaa J.B. KOSHY AND T.R.RAMACHANDRAN NAIR, JJ. -------------------------- M.A.C.A. No.611/2003 -------------------------- Judgment Dated:11th January, 2008