IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 MACA.No. 1643 of 2005() ----------------------- (AGAINST THE ORDER IN OP(MV) 324/01 OF MACT, PALA) APPELLANT/2ND RESPONDENT ------------- LILLY KUTTY, D/O. THOMMEN VARKEY, AGED 31 YEARS, KOMARATHANKUNNEL HOUSE, PULIYANNOOR.P.O., MUTHOLY. BY ADV. SRI.P.C.HARIDAS RESPONDENTS: CLAIMANT-RESPONDENTS ----------------- 1. SUNILKUMAR @ UNNI, MANIMANDIRAM HOUSE, ERAVIPEROOR VILLAGE, NOW RESIDING AT PARISRAMA VILASOM, KUMMANNOOR KARA, KIDANGOOR.P.O. 2. VIJU, KANJIRAMNIKKUNNATHIL HOUSE, MAMPARA.P.O., PERUNADU VILLAGE, PATHANAMTHITTA. 3. THE ORIENTAL INSURANCE CO. LTD., KOTTAYAM, REP. BY ITS BRANCH MANAGER. BY ADV. SRI.VPK.PANICKER FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- M.A.C.A.No.1643 of 2005 ------------------------------- Dated this the 30th May, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala, in O.P.(M.V.) No.324/2001. The Tribunal awarded a compensation of Rs.47,600/=, and directed the Insurance company to deposit the amount, and further permitted it to realise the amount so deposited from respondents 1 and 2. It is against that direction, the owner of the vehicle has come up in appeal. 2. The learned counsel appearing for the appellant had produced an attested copy of the driving licence, as per I.A.No.562/2006. A perusal of the said would reveal that there was a valid licence from 5.6.1993 to 30.5.2000, and subsequently, it was renewed from 9.8.2000 to 8.8.2005. There appears to be a badge also issued in the year 1997, which permits the driver to drive transport vehicles also. But in the column above the renewal of the licence in 2000, there is a sentence “ the licence of driving motor M.A.C.A.No.1643/2005 2 vehicle other than transport vehicle is hereby renewed”. So, whether there was a valid driving licence as contemplated under law is a matter that has to be considered by the court below. The Court has also to take into consideration the dictum laid down in National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) to find out whether the company is entitled to get exoneration from the liability. Since an authenticated document has been produced before this Court, I feel, interest of justice, demands an opportunity to be given to the owner to prove his contention. Therefore, the award under challenge is set aside, so far as it relates to the direction to recover the amount from respondents 1 and 2 by the Insurance Company. The appellant-owner is permitted to file written statement and also to adduce evidence in support of his contentions. Needless to say, Insurance Company is also permitted to adduce documentary as well as oral evidence in support of his contentions, so that, the court can decide the issue, after considering the entire materials. However, it is made clear that the court shall take into consideration decision reported in Swaran Singh's case, supra, as well as any further decisions on the subject, where it hears the matter. M.A.C.A.No.1643/2005 3 Parties are directed to appear before the Tribunal on 15.7.2008. M.N.KRISHNAN, JUDGE nj.