IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 MACA.No. 2289 of 2009(D) --------------------------- OPMV.370/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): 3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., KASARAGOD, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S)/RESPONDENT: --------------------------------------- 1. C.ABDULLA, S/O.ABOOBAKAR, R/AT KALARIYADUKAM HOUSE, CHERKALA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. SREEDHARAN, S/O.KUMMARN, R/AT AMMANGOD HOUSE, BEDADKA POST, KASARAGOD TALUK AND DISTRICT. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 7/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2289 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of October, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Kasaragod in O.P.(MV) 370/05. Two cases, namely O.P.(MV)369/05 and 370/05 were disposed of by a common judgment and against the judgment in O.P.(MV)369/05 an appeal was preferred as M.A.C.A.2215/09. That case was disposed of in the admission stage itself holding that the matter requires consideration regarding the validity of driving licence or whether there is a proper valid driving licence to drive a transport vehicle. Since the present appeal is preferred against the very same point I feel this is a fit case where the matter requires further consideration by the Tribunal. Therefore the award under challenge is set aside so far as it relates to the interse liability between the insurance company and the owner. I direct the insurance company to appear before the Tribunal on 10.11.2009 and thereafter take fresh M.A.C.A. 2289 OF 2009 -:2:- notice to the owner and the driver so that the matter can be disposed of in their presence as they may be held liable if the licence is not proper. MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-