IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2171 of 2007()
1. K.M.NASSARUDDIN, S/O.ABDUL MAJEED,
... Petitioner
2. B.PUNNUSWAMY, S/O.KUPPUSAMY, AGED 34,
Vs
1. THE ORIENTAL INSURANCE COMPANY LTD.,
... Respondent
2. O.V.RAMACHANDRAN, S/O.VELAYUDHAN,
3. UNITED INDIA INSURANCE COMPANY LTD,
For Petitioner :SRI.P.T.JOSE
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/12/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 2171 OF 2007
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Dated this the 17th day of December, 2008.
J U D G M E N T
This appeal is preferred by respondents 1 and 2 in O.P.
(MV)1818/99 of the Motor Accidents Claims Tribunal,
Ernakulam. The claimant sustained injuries in a road
accident and the Tribunal has awarded a compensation of
Rs.89,500/-. The Tribunal found that despite direction to
produce vehicular documents the owner and driver did not
produce the same and so an adverse inference is drawn and
therefore it gave a right of recovery to the insurance
company against respondents 1 and 2. It is against that
decision respondents 1 and 2 have come up in appeal. They
have produced some documents along with I.A.3459/08
which are the policy copy as well as the copy of the driving
licence. It is only a photocopy and it indicates that the
previous driving licence expiry date was 21.4.05 and that
transport vehicle badge was given in 1996. So there is some
force in the contention that there was a valid driving licence
if what is stated in the photocopy is true. But this Court
M.A.C.A. 2171 OF 2007
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cannot decide the question with a mere photocopy and
further particulars has to be given to the insurance company
for adducing evidence with respect to the same. Since the
matter has to go back, it is desirable, if there is any
challenge against the claim amount that can also be
considered as the appellants are competent to challenge the
same as the owner and driver of the vehicle. Therefore the
award under challenge is set aside and the matter is remitted
back to the Tribunal for fresh consideration after permitting
the appellants herein to file written statement and then
produce documents in support of their contentions. The
claimant as well as the insurance company is also permitted
to file additional pleadings, if any, and produce documents
and adduce evidence, if necessary, and the Tribunal shall
dispose of the matter after framing appropriate issues in
accordance with law. Parties are directed to appear before
the Tribunal on 21.1.09. As a matter of abundant caution let
the applicant take notice to the claimant also after he enters
appearance.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
M.A.C.A. 2171 OF 2007
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ul/-