IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 MACA.No. 2117 of 2009() ----------------------- OPMV.2170/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OPMV: ---------------------------------------------------------- ANOOP, S/O.RAGHAVAN, RESIDING AT PULPARAMBIL HOUSE, VALLALASSERY POST, VIA REC, KOZHIKODE DISTRICT. BY ADV. MR.A.V.M.SALAHUDDEEN RESPONDENT(S): RESPONDENTS IN OPMV: ----------------------------------------------------------------- 1. P.P.FAIZAL, RESIDING AT POOKATTU PUTHANPURAYIL HOUSE, AVILORA POST, KODUVALLY, KOZHIKODE DISTRICT. 2. K.K.SHAMSEER, S/O.V.K.KASIM, RESIDING AT KUNNAMKUNNU HOUSE, THAMARASSERY POST, KOZHIKODE DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, VELIMANNA BUILDING, MAIN ROAD, THAMARASSERRY, KOZHIKODE DISTRICT. R3 BY ADV. MR.A.A.MOHAMMED NAZIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2117 OF 2009 = = = = = = = = = = = = = = = Dated this the 4th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2170/04. The case of the appellant is that he sustained injuries in a road accident while he was travelling in a motorcycle bearing Reg.No.KL-11-L-240 and it was hit by a jeep. The learned Tribunal found that the boy was studying only in 10th standard and therefore he should be a minor and no document is also produced to show he did have any valid driving licence. Naturally when a boy is studying in 10th standard under ordinary circumstances no court would believe that he will be 21 year old at that time. Now as directed by me documents are produced for perusal. The S.S.L.C certificate made available for perusal would show that the date of birth is 15.5.83. It is also seen that the boy is having a driving licence valid from 16.10.02 to 15.10.2022. The accident had taken place on 29.5.04. If M.A.C.A. 2117 OF 2009 -:2:- these two documents are true and genuine then one can hold that the claimant was not a minor at the time of the accident and that he did have a valid driving licence. But unfortunately these documents were not produced before the Tribunal. The court proceeded on the presumption of minority and held that a minor would not have driving licence and therefore he himself is responsible for the accident. I feel the matter requires interference and I am inclined to grant an opportunity for the claimant/appellant to produce necessary documents in support of his contentions and adduce evidence to satisfy the conscience of the court. R1 is seen reported dead. Since the matter is going back let the legal representatives of R1 be impleaded after the appellant enters appearance before the court. Notice to R2 also can be taken from there. Parties are directed to appear before the Tribunal on 8.4.2010. M.N. KRISHNAN, JUDGE. ul/-