High Court Kerala High Court

Sanjeeva vs Mrs.Baby on 8 October, 2010

Kerala High Court
Sanjeeva vs Mrs.Baby on 8 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2880 of 2009()


1. SANJEEVA, S/O.JENNU NAYAK,
                      ...  Petitioner
2. JATHAPPA RAI, S/O.BHANDARY BAI,

                        Vs



1. MRS.BABY, AGED 28 YEARS,
                       ...       Respondent

2. CHANDRA.B, AGED 44 YEARS,

3. SHRIKANTH, AGED 9 YEARS,

4. THE BRANCH MANAGER,

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :SRI.P.JAYASANKAR

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :08/10/2010

 O R D E R
                           M.N.KRISHNAN, J.
                            -------------------------
                      M.A.C.A. No. 2880 of 2009
                    ------------------------------------------
                Dated this the 8th day of October, 2010.

                             J U D G M E N T

This is an appeal preferred against the award of the Claims

Tribunal, Kasaragod in OP(MV) No.135/2002. The claimant, a

passenger in auto rickshaw sustained injuries in a road accident

and the Tribunal has awarded a compensation of Rs.26,000/- and

directed the respondents to pay the amount and further ordered

the right to recover for the insurance company from respondents 1

and 2. It is against that decision, respondents 1 and 2 in the claim

petition have come up in appeal. The right to recover was ordered

on account of the absence of a driving licence by the driver at the

time of the accident.

2. Learned counsel for the appellant submit before me that

there was an effective valid driving licence and therefore, he

should given an opportunity to substantiate the same before the

Tribunal. A copy of the licence is produced as Annexure-A1. If

Annexure A1 is true, then it appears that the driver did have a

valid driving licence from 27.01.1999 to 26.01.2002 to drive a

transport vehicle. The accident occurred on 24.09.2001. As

M.A.C.A. No. 2880 of 2009 2

regards the validity of the licence only a photocopy is made

available and it requires production of the original or

authenticated copy, in order to decide the case. Therefore, I am

inclined to grant an opportunity to the appellant to prove

regarding the interse liability between the owner and insurance

company. The Tribunal is directed to permit both sides to produce

documentary as well as oral evidence in support of their

respective contentions and then dispose of the matter in

accordance with law. The parties are directed to appear before

the Tribunal on 12.11.2010.

M.N.KRISHNAN, JUDGE

ln.