High Court Kerala High Court

Babu vs Anil Kumar on 15 September, 2008

Kerala High Court
Babu vs Anil Kumar on 15 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2008 of 2005()


1. BABU, S/O.NARAYANA PILLAI,
                      ...  Petitioner

                        Vs



1. ANIL KUMAR, CHERUVALLIYIL HOUSE,
                       ...       Respondent

2. UNITED INDIA INSURANCE CO LTD., MUNNAR.

                For Petitioner  :SRI.C.M.TOMY

                For Respondent  :SRI.A.K.SRINIVASAN

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

 Dated :15/09/2008

 O R D E R
                     M.N. KRISHNAN, J.
              = = = = = = = = = = = = = =
                M.A.C.A. NO. 2008 OF 2005
            = = = = = = = = = = = = = = =
      Dated this the 15th day of September, 2008.

                     J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Thodupuzha in O.P.(MV)1092/03.

The claimant sustained injuries in a road accident and the

Tribunal has awarded him a compensation of Rs.4,000/-.

2. The insurance company has taken up a contention

that the driver did not have a valid driving licence. Learned

counsel for the appellant would submit that he could not

produce valid documents before the Tribunal to show that he

had sustained very serious injuries. He had produced

photocopies of those documents along with the application

I.A.3502/05. I permit him to produce original of the

documents before the Tribunal and therefore close that

application.

The owner can also produce the driving licence and

thereafter the Tribunal can consider the entire matter and

dispose of the matter refixing the compensation, if

M.A.C.A. 2008 OF 2005
-:2:-

necessary, as well as the liability. For the said purpose the

award passed by the Tribunal is set aside. Parties are

directed to appear before the Tribunal on 28.10.08.

M.N. KRISHNAN, JUDGE.

ul/-