IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 MACA.No. 2090 of 2007() ----------------------- EP 89/01 IN OPMV.848/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/1ST RESPONDENT: ------------------------------------------ BOSE V.S., S/O. SREEDHARAN, VADANAPPILLY HOUSE, VADANAPPILLY,THRISSUR DIST. BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENTS NO.1 & 2/RESPONDENTS NO.2 AND 3: --------------------------------------------------------- 1. SHAJAN, S/O. ABDUL RAHIMAN, ARAKKAVEETTIL HOUSE, GANESAMANGALAM, VADANAPPILLY, THRISSUR. 2. THE NEW INDIA ASSURANCE CO. LTD., THRIPRAYAR, NATTIKA P.O., THRISSUR. (CLAIMANT PETITIONER IS NOT A PARTY IN THIS APPEAL SINCE NO RELIEF IS CLAIMED AGAINST HIM). BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 2682/07 IN MACA NO.2090/07 DISMISSED 19.3.08 SD/- K.PADMANABHAN NAIR, JUDGE /TRUE COPY/ PA TO JUDGE. K.PADMANABHAN NAIR, J. ---------------------------------- M.A.C.A.NO.2090 OF 2007 ----------------------------------------------------- DATED THIS THE 19TH DAY OF MARCH, 2008 J U D G M E N T Notice to first respondent-driver is dispensed with and the appeal itself is heard. This appeal is filed by the owner of the car bearing registration No.KRH-495. One Usman claimed compensation alleging that he sustained injuries in a motor vehicle accident involving a car bearing registration No.KRH-495 which was driven in a rash and negligent manner by its driver. The appellant did not appear and contest. The injured alone contested the matter. The Tribunal found that the accident occurred due to the negligence of the driver of the car and further found that the claimant is entitled to get a compensation of Rs.36,750/-. The Tribunal directed the insurer to pay the amount and then recover it from the appellant. Though the appellant filed a petition for review with a petition to condone the delay, both the applications were dismissed. Hence this appeal. 2. The appellant produced the particulars of the driving license before this Court and served a copy of the same to the counsel for the insurer. The same is marked as Annexure 1. The MACA.2090/07 -2- particulars produced before this Court shows that the driver was having valid license and he was holding a valid badge also with effect from 21.12.1991. So, the finding of the Tribunal that the driver was having no valid driving license and hence the insurer should pay the money and recover it from the owner alone has to be set aside. In the result, the appeal is allowed in part. The finding of the Tribunal that the driver was having no valid license is set aside. The further finding that the insurer should pay the amount and then recover it from the appellant is also set aside. It is directed that the amount shall be paid by the insurer. K.PADMANABHAN NAIR, JUDGE. dsn