IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.1073 of 2004 -------------------------------------------------- (AGAINST THE AWARD DATED 28.11.2002 IN O.P.(M.V.).NO.67 OF 1998 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR) --------------- APPELLANTS/RESPONDENT 1 AND 2:- ------------------------------------------------------- 1. KAITHAKATH ABOOBACKER, S/O.MOHAMMEDKUTTY, KANDANATH HOUSE P.O. VELIMUKKU SOUTH, MALAPPURAM DISTRICT. 2. KAITHAKATHABDUL RASHEEM, S/O.MOHAMMED KUTTY, KANDANATH HOUSE, MALAPPURAM DISTRICT P.O.VELIMUKKU SOUTH, MALAPPURAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.P.K.MOHAMED JAMEEL RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4:- ----------------------------------------------------------------------------- 1. MUSTHAFA PARAKKATT, S/O.MAYEEN KUTTY, PARAKKAT HOUSE, VELIMUKKU SOUTH, MALAPPURAM. 2. THE NATIONAL INSURANCE CO.LTD., DIVISIONAL OFFICE, CALICUT, INSURER POLICY NO.570305/31/93/94/0368. 3. UNITED INDIA INSURANCE CO.LTD. PONDI AUTOMOBILE BUILDING, POST BOX NO.11, UP HILL, MALAPPURAM. R2 BY ADV. SMT.SARAH SALVY SMT.AYSWARYA.N. R3 BY ADV. SRI.P.R.RAMACHANDRA MENON. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.1073 of 2004 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Tirur in O.P.(M.V.).No.67 of 1998. 2. The appellants are the owner and driver of the vehicle involved in the accident. As per the award of the Tribunal, Insurance Company is directed to pay the amount and recover the amounts from respondents 1 and 2 in the petition. The Insurance Company was given that power on account of the absence of a Driving Licence by the driver of the vehicle involved in the accident. 3. A similar appeal was filed as M.A.C.A.No.1078 of 2004 against the award in a connected case and I had granted opportunity in that case to the owner and driver to file written statement and an opportunity to the Insurance Company to file additional written statement. So, being a common award and a connected case inasmuch as the issue involved is the same, a similar order is to be passed in this case. 4. Therefore, the award under challenge is set aside so far as it relates to the question of liability of respondents 1 and 2 and the Insurance Company is concerned. The owner and the driver are M.A.C.A.No.1073 of 2004 - 2 - permitted to file written statement, produce document and adduce evidence and so also the Insurance Company is permitted to file additional written statement and additional documents and evidence in support of their respective contentions. The parties are directed to appear before the Court below on 10th July, 2008. M.N.Krishnan Judge vku/-