IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 MACA.No. 1780 of 2005() ----------------------- OPMV.727/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL,NORTH PARAVUR .................... APPELLANT(S): RESPONDENTS ------------------------------------ 1. THE MANAGING DIRECTOR, UNITEK POWER SYSTEMS (P) LTD., MASJID ROAD, ALWAYE. 2. JOSE, S/O.CHACKO, MAILADATHU HOUSE, PALLIKAVALA, KATTAPANA, IDUKKI DISTRICT. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): RESPONDENT NO.3/CLAIMANT --------------------------------------- 1. ORIENTAL INSURANCE CO LTD., BR. OFFICE, P.M.A. BUILDINGS, BANK JN, ALUVA. 2. K.K.ASOKAN, S/O.KUNJITHAYI, KOOVAPARAMBIL HOUSE, WEST KADUNGALLUR P.O., PARAVUR. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1 SRI.P.JACOB MATHEW FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS:- EXT.B2: TRUE COPY OF THE DRIVING LICENCE IN THE NAME OF THE 2ND APPELLANT. V. RAMKUMAR & P.Q. BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A No. 1780 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 13th day of December, 2011 JUDGMENT Ramkumar, J. First appellant was the owner and second appellant was the driver of a tempo van bearing registration No. KL7/J-2489, which was involved in the accident that took place on 19-8-1999, in which the second respondent herein was the injured. 2. The second respondent filed O.P.(MV) No.727/1999 before the Motor Accidents Claims Tribunal, North Paravur seeking compensation for the injuries sustained by him. The appellants were respondents 1 and 2 and first respondent herein namely, Oriental Insurance Company, was the third respondent in the said application. The vehicle in question was insured with the Oriental Insurance Company Ltd. Even though notice was issued to the appellants, they remained ex parte and did not enter appearance before the Tribunal to contest their claim. According to the first appellant, he MACA 1780/2005 2 had transferred the vehicle prior to the accident and that was the reason why he remained ex parte. 3. As against the claim of Rs.2,00,000/- made by the second respondent herein, the Tribunal as per award dated 20-12-2003 awarded Rs.91,500/- with interest @ 9% per annum from 18-11-1999 till realization with proportionate costs. Since the Insurance Company contended that the second appellant herein was not having a valid driving licence on the date of the accident and since the second appellant had remained ex parte without producing any driving licence before the Tribunal, the Tribunal directed the first appellant to satisfy the award. Aggrieved by the said direction, the appellants have preferred this appeal. 4. Along with the appeal, the appellants have produced attested copies of the driving licence, which is marked as Ext.B2 in this appeal. This would show that the second appellant who was the driver of the vehicle in question was having a valid driving licence to drive the vehicle from 28th June, 1995 and was holding a badge from MACA 1780/2005 3 8th November, 1996. The appellants have produced for our perusal the original renewed licence of the second appellant. Such being the position, the Tribunal was not justified in exonerating the Insurance Company by directing the insurer to deposit the award amount and to recover the same from the first appellant. 5. We, therefore, absolve the appellants from the liability to pay the award amount which shall be paid by the first respondent Insurance Company. We make it clear that revenue recovery proceedings, if any, taken against the appellants will have no effect. V. RAMKUMAR, JUDGE. P.Q. BARKATH ALI, JUDGE. mn