IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MACA.No. 749 of 2006(C) -------------------------------- OPMV.1509/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANTS/1ST AND 2ND RESPONDENTS --------------------------------------------------- 1. THAJUDEEN,S/O.KUNJU MOHAMMED, UNDEKKADAVIL HOUSE, P.O. MATHILAKAM,KODUNGALLUR. 2. SHAJI @ SHAJAHAN, S/O.KUNJU MOHAMMED, KARAPPANAMVEETTIUL,P.O.VEMBALLOOR, KODUNGALLUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: PETIUTIONER & 3RD RESPONDENT: ------------------------------------------------------------ 1. SINOJ, AGED 23, YEARS, S/O.ARAVINDAKSHAN,ERUMATHIRUTHI HOUSE,PANANGAD P.O PANANGAD,S.N.PURAM,KODUNGALLUR. 2. UNITED INDIA INSURANCE COMPANY, DIVISIONAL OFFICE, THRISSUR. BY ADV. SRI.JOHN KOSHY FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 749 OF 2006 = = = = = = = = = = = = = = = Dated this the 31st day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)1509/95. The appellants are respondents 1 and 2 in the claim application. The Tribunal awarded a compensation of Rs.16,000/- and directed the insurance company to pay the amount and to get it reimbursed from respondents 1 and 2. The Tribunal found that there was no valid driving licence for the driver of the auto rickshaw and in spite of a petition filed as I.A.1763/98 he did not produce the same. The Tribunal drew an adverse inference and directed the insurance company to get the amount reimbursed. Along with the memorandum of appeal the appellant had produced a photocopy of the licence which indicates that the driver had driving licence and badge on the date of accident. But the matter requires proof. Therefore to decide the interse dispute between the insurance company and the M.A.C.A. 749 OF 2006 -:2:- owner and driver that finding is set aside and the matter is remitted back to the Tribunal for considering the question of valid effective driving licence in favour of the driver. The appellants are permitted to produce documents and adduce evidence in support of their respective contentions. Other parties are also permitted to produce documentary as well as oral evidence in support of their respective contentions. All are directed to appear before the Tribunal on 4.9.08. The revenue recovery proceedings initiated shall be kept in abeyance till the final disposal of the matter. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-