IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 MACA.No. 1731 of 2009(G) ----------------------- OPMV.1359/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT(S)/ 2ND RESPONDENT : --------------------------------------- RAJEEV P.S, PUTHUR VADAKKUMPURATH HOUSE, ELOOR NORTH, UDYOGAMANDAL. BY ADV. SRI.M.R.NANDAKUMAR RESPONDENT(S)/ PETITIONER/ RESPONDENT 1 &3 : -------------------------------------------------------------- 1. BALASENAN, S/O.KRISHNAN, VARRISSERY HOUSE, NEAR VICTORY THEATER, CHERAI, KARA, PALLIPORT VILLAGE. 2. BIJU, S/O. SUBRAHMANIAN @ PRABHAKARAN, PUTHUR VADAKKUMPURATH HOUSE, UDYOGAMANDAL, PATTUPURAKAL , ELLOR VILLAGE. 3. THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., EBENEZER H.S. JUNCTION, KOCHI-24. ADV. SRI.TITUS MANI FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1731 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd 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, North Paravur in O.P.(MV) 1359/03. The owner of the vehicle is the appellant before me and it has been held by the Tribunal that since the driver did not have a valid driving licence the insurance company is bound to pay the amount and get it reimbursed from the owner. Along with the memorandum of appeal the learned counsel had produced a photocopy of the licence. He had made available before me a book which according to him is the original which indicates that the driver did have a valid driving licence from 7.10.1997 to 29.5.2020. Here the accident has taken place on 7.9.2003 and so if the document is proper, correct and genuine then the insurance company would not be entitled to get reimbursement from the owner. Therefore in the fitness of things it is desirable that an opportunity is given to the owner to produce the documents M.A.C.A. 1731 OF 2009 -:2:- before the Tribunal and establish the case raised by him. Needless to say the insurance company also be permitted to produce documents and adduce evidence in support of its contention. Therefore the award under challenge is set aside so far as it relates to the interse liability between the insurance company and the owner is concerned and the matter is remitted back to the Tribunal with a direction to permit the appellant herein to produce documentary as well as oral evidence to establish that there was valid driving licence for the driver. The insurance company also be permitted to raise its own contentions. The appellant is directed to appear before the Tribunal on 11.12.2009 and then take out notice to the insurance company so that the matter can be disposed of after hearing all those concerned. Presence of the claimant need not be insisted as the Company has already paid the amount to him. M.N. KRISHNAN, JUDGE. ul/-