IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 MACA.No. 2534 of 2010() ----------------------- OPMV.3027/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): RESPONDENT NO.1 AND 2: -------------------------------------------------------------- 1. A.K.ABDUL JALEEL, S/O.A.K.KHADER, ALIYAMVEETIL HOUSE, EDAVANAKKAD, ERNAKULAM DISTRICT. 2. VINODKUMAR, S/O.RAMAN, KAVUNGASSERY VEETTIL, NEAR BUS STOP, NAYARAMBALAM P.O. BY ADV. SRI.T.R.SUGUNAN SRI.JESSY GEORGE RESPONDENT(S): PETITIONER AND RESPONDENT NO.3: --------------------------------------------------------------------------------- 1. GOPALAN, AGED S/O.RAMAN, KANNAMVELIYIL VEETTIL, NORTH OF PETROL PUMP, POOTHOTTA P.O., ERNAKULAM DISTRICT. 2. THE NEW INDIA ASSURANCE COMPANY LTD., REGIONAL OFFICE, KANDAMKULATHY BUILDING, M.G.ROAD, ERNAKULAM, COCHIN - 11. ADV. SRI.A.C.DEVY FOR R2 SRI.R.SUDHISH FOR R1 SMT.M.MANJU FOR R1 SRI.K.R.RANJITH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ----------------------------------------- M.A.C.A NO.2534 OF 2010 ---------------------------------------- Dated this the 24th day of January, 2011. JUDGMENT This is an appeal preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P(MV) No.3027 of 1999. The claimant who was riding the bicycle was knocked down by the motor cycle owned by the first respondent in the O.P(MV) and ridden by the second respondent. The Tribunal fixed the compensation at Rs.10,000/- and exonerated the Insurance Company from the liability on the ground that he has no valid driving licence. The learned counsel for the appellant had made available before me a copy of the driving licence which, prima facie, indicates about the existence of a valid licence from 7.12.1994 to 6.12.2004 and that the incident has taken place on 14.12.1996. If this is true, then the Insurance Company is liable to pay the amount. Therefore, I am inclined to grant an opportunity and so the award under challenge is set aside and matter is remitted back to the Tribunal with a direction to permit all concerned to produce both documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. I make it very clear M.A.C.A NO.2534 OF 2003 2 that in the event of the liability being fixed on the Insurance Company, the appellant herein will be liable to pay the interest in between 20.3.2007 and 30.11.2010. Parties are directed to appear before the Tribunal on 28.02.2011. M.N.KRISHNAN, JUDGE. mns