IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 550 of 2010()
1. GOPALAKRISHNA PILLAI,
... Petitioner
Vs
1. MR.MANMADHAN PILLAI, DWARAKA,
... Respondent
2. MR.ANIL KUMAR, S/O.SARASWATHY AMMA,
3. THE DIVISIONAL MANAGER,
For Petitioner :SRI.B.MOHANLAL
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :15/11/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 550 OF 2010
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Dated this the 15th 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, Kollam in O.P.(MV)
837/06. The claimant, a motorcyclist, sustained
injuries in a road accident when it collied with an auto
rickshaw. The Tribunal awarded a compensation of
Rs.60,700/- and found that since there is no evidence to
show that there is a valid driving licence and badge for
the auto rickshaw driver exonerated the insurance
company from the liability and held respondents 1 and 2
jointly and severally liable to pay the amount. It is
against the exoneration of the insurance company from
the liability, the claimant has come up in appeal.
2. Heard the learned counsel for the appellant as
well as the insurance company. The learned counsel
for the appellant submits before me that the licence
M.A.C.A. 550 OF 2010
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particulars are available in Ext.A2 scene mahazar and he
had also given me a copy of the said scene mahazar
which would indicate that there had been a driving
licence for the driver. When this material was available
it was incumbent upon the insurance company to prove
the absence of the same and if they were really
contesting for the position that he did not have a badge
that also is a matter which one could have proved since
particulars are available in the scene mahazar. It has
become a practice of the insurance companies now that
without taking any steps to get the particulars just file
an application calling upon ever exparte remaining
owner and driver to produce the licence and then
requesting the Court to draw an adverse inference. I
think it may not help the implementation of justice at
all. I do not want to say further on that.
3. In this case when the particulars are available
in the scene mahazar the insurance company was bound
M.A.C.A. 550 OF 2010
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to find out the truth of it and produce materials by
getting the extract from the R.T.O. office showing the
absence of licence or badge whatever it may be, to
satisfy the conscience of the Court. Therefore I am
inclined to set aside the award exonerating the
insurance company from the liability and give an
opportunity to all concerned to produce both
documentary as well as oral evidence in support of their
respective contentions regarding the existence and the
validity of the licence and badge before the Tribunal.
Needless to say that I am not interfering with the
quantum awarded. The parties are directed to appear
before the Tribunal on 23.12.10.
M.N. KRISHNAN, JUDGE.
ul/-