IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1800 of 2010()
1. T.D.SAJI,S/O.URMIS DEVASSY,
... Petitioner
Vs
1. BIJU.K.D,S/O.DEVASSY,KONTHEMPILLY HOUSE,
... Respondent
2. SANTHOSH KUMAR.K.V,S/O.VIJAYAKUMAR,
3. THE NATIONAL INSURANCE COMPANY LTD,
For Petitioner :SRI.SUNIL CYRIAC
For Respondent :SMT.MABLE.C.KURIAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :01/11/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1800 OF 2010
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Dated this the 1st day of November, 2010.
J U D G M E N T
This appeal is preferred against the award of the
Motor Accidents Claims Tribunal, Perumbavoor in O.P.
(MV)1545/01. It is the case of the claimant that while
he was attempting to board into the bus, the bus moved
swiftly and that resulted in the accident. The issue
before me is regarding the right of recovery by the
insurance company. The contentions are that there is
no valid permit for the bus and no valid licence and
badge for the driver. As usual the owner and driver did
not co-operate with the Tribunal to enter into a finding
and that has resulted in the filing of this appeal.
2. The learned counsel along with the
memorandum of appeal had produced two annexures
one with respect to the driving licence and the other
with respect to the permit. They are only copies and if
M.A.C.A. 1800 OF 2010
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they are true it will be a good case for the appellant. A
perusal of Annexure 1 would reveal that the driver of
the bus did have a badge from 22.12.97 and licence has
been issued to him in the year 1995. The accident had
taken place in the year 2001. If the badge is for a
period of 5 years then there would have been a valid
badge on the date of accident. So also the certificate
issued would reveal that there was a valid permit from
3.5.00 to 5.5.05. So these are materials which requires
consideration when original documents are produced
and evidence is adduced. Therefore I am inclined to
grant an opportunity. 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 with
a direction to the Tribunal to permit the appellant to
produce documentary as well as oral evidence in
support of his contentions. Needless to say the
insurance company shall also be permitted to produce
M.A.C.A. 1800 OF 2010
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documentary as well as oral evidence. If the driver co-
operates it can also be looked into and the matter be
disposed of in accordance with law. Till that time no
coercive proceedings is to be initiated and if initiated let
it be stalled till the disposal of this matter Parties are
directed to appear before the Tribunal on 17.12.10 and
the appellant is directed to take out notice to the
insurance company for a proper disposal of the matter.
M.N. KRISHNAN, JUDGE.
ul/-