IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 MACA.No. 1879 of 2008(C) ----------------------- OPMV.907/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT(S): APPELLANT/2ND REPSONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM NOW REPRESENTED BY ITS I ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI - 18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): RESPONDENT/1ST RESPONDENT. ----------------------------------------- MURALEEDHARAN, RADHA NIVAS, PAKKIL KARA, NATTAKOM VILLAGE, KOTTAYAM. ADV. SRI.KISHOR B. FOR R2-5 SRI.K.SAIDALIKUTTY FOR R2-5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1879 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(MV)907/05. The insurance company has come up in appeal when the Tribunal declined its request for reimbursement of the amount from the owner on the ground that the driver did not have a valid driving licence. Learned counsel for the insurance company had drawn my attention to paragraph 17 of the award. The Tribunal held as per Ext.A2, R1 was found to have driving licence with No.3927- 2001-K valid till 6.4.2009. The insurance company produced Ext.B2 showing the driving licence number as 5/3927 - 2001 and it relates to one Anishkumar. The number appears to be the same but what is the significance of 5 is not seen explained anywhere. Therefore the Tribunal should have been more careful and directed the parties to explain this so as to arrive at a decision whether the driver did have a valid driving licence at M.A.C.A. 1879 OF 2008 -:2:- the time of the accident. Therefore the award under challenge is set aside so far as the interse liability between the owner and the insurer is concerned and the parties are permitted to adduce documentary as well as oral evidence in support of their contentions so as to establish regarding the availability or non availability of a driving licence on the date of accident so far as it relates to the first respondent. The insurance company is directed to appear before the Tribunal on 11.12.2009 and thereafter take steps against the legal representatives of the owner so that they can also participate in the trial. The presence of the claimant need not be insisted as the claim amount is satisfied. M.N. KRISHNAN, JUDGE. ul/-