IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 298 of 2010()
1. THE PARTNER, HI-TECH COATINGS,
... Petitioner
2. BABU C.J., S/O.JOHNY,
Vs
1. M.MURALEEDHARAN, S/O.MADHAVAN,
... Respondent
2. THE BRANCH MANAGER,
For Petitioner :SRI.VIVEK VARGHESE P.J.
For Respondent :SRI.RAJESH THOMAS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :24/05/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 298 OF 2010
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Dated this the 24th day of May, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Pathanamthitta in O.P.(MV)
1176/01. The claimant has been awarded a compensation of
Rs.7,000/- from 12.10.01 and there was a direction to
deposit the amount by the insurance company and realise it
from the owner of the vehicle namely 2nd respondent. It is
against that decision the appeal is preferred.
2. Along with the appeal documents are produced to
prove existence of a valid driving licence. I had perused the
same. The accident had taken place in 2001 and the licence
issued is dated 2000 August. A badge is also seen there
issued on 26.8.00. Since the accident had taken place on
11.7.01 there is a probability of the driver having a valid
driving licence with a badge. If it is so the insurance
company may be liable to pay the amount. But it is for the
respondent herein to prove the existence of a valid driving
M.A.C.A. 298 OF 2010
-:2:-
licence with badge on the date of the accident. Therefore
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 and the owner as well as the insurance
company are given liberty to produce documentary as well as
oral evidence in support of their respective contentions and
the let the matter be disposed of in accordance with law. I
make it very clear if ultimately the insurance company is
liable to pay the amount from 25.7.07 till 9.2.2001, the
insurance company shall not be saddled with the liability and
the interest has to be paid to the claimant by the owner.
Parties are directed to appear before the Tribunal on
2.7.2010.
M.N. KRISHNAN, JUDGE.
ul/-