IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 490 of 2004()
1. KOCHAMMA, W/O. LATE OUSEPH,
... Petitioner
2. THANKAMMA, D/O. LATE OUSEPH,
3. MATHAI, S/O. LATE OUSEPH,
Vs
1. K.A. SHAJI, S/O. K.J. ANTONY,
... Respondent
2. M.B. CHARAUMANJUDAN, S/O.M.V.BAHULEYAN,
3. BRANCH MANAGER, ORIENTAL INSURANCE
For Petitioner :SRI.P.V.BABY
For Respondent :DR.ELIZABETH VARKEY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :08/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 490 OF 2004
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Dated this the 8th day of February, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)161/96.
The claimant, a 55 year old man at the time of the accident
in 1995 has been awarded a compensation of Rs.28,200/-.
The Tribunal also found that the driver did not have a
requisite licence and therefore granted the right of recovery
in favour of the insurance company against the owner. It is
challenging those points, that is, quantum as well as liability
the claimant has come up in appeal.
2. In spite of repeated chances R1 and R2 are not
served as they had chosen to remain exparte before the
Court below I dispense with notice to them in the appeal with
a direction that it can be taken out before the Court below as
the matter requires reconsideration. It is the case of the
claimant that the vehicle which hit him was ridden by the 2nd
respondent and that there was a pillion rider in that vehicle.
M.A.C.A. 490 OF 2004
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It is submitted that the rider had a learner’s licence and the
pillion rider who accompanied him had a regular licence. By
virtue of the decision of the Hon’ble Supreme Court in
Swaran Singh’s case National Insurance Co. Ltd. v.
Swaran Singh (2004 (1) KLT 781) learner’s licence is also
a duly authorised licence provided the conditions of driving a
vehicle with a learner’s licence is satisfied. Or in other words
if the person travelling as a pillion rider did have a valid
licence then learner’s licence can be said to be duly
authorised licence. There was a pillion rider as seen from the
charge sheet of the criminal case where CW3 Rajesh is
shown as the pillion rider. If the said Rajesh is having a valid
driving licence to drive a two wheeler then the insurance
company may not be able to get out of the liability.
Therefore I am inclined to grant an opportunity to the
claimant to examine Mr.Rajesh and to produce his driving
licence to find out whether the dictum laid down in Swaran
Singh’s case is duly satisfied. Since the matter has to go
back and as there is a plea for additional compensation I
M.A.C.A. 490 OF 2004
-:3:-
direct the Tribunal to consider that also afresh after hearing
all concerned one more chance may be tried in the lower
Court for serving respondents 1 and 2 or paper publication
be taken out so that the matter can be finally disposed of.
Therefore the award under challenge is set aside and the
matter is remitted back with a direction to the Tribunal to
permit all concerned to produce documentary as well as oral
evidence in support of their respective contentions and then
dispose of the matter in accordance with law. Parties are
directed to appear before the Court below on 4.3.2010.
M.N. KRISHNAN, JUDGE.
ul/-