IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2316 of 2008()
1. KANNAN @ RATHEESHKUMAR,S/O.GURUSWAMY,
... Petitioner
Vs
1. A.P.SIVADASAN,S/O.PAZHANIMALA,
... Respondent
2. T.JAGADHEESAN,S/O.THAMBAVU PILLAI,
3. THE NEW INDIA ASSURANCE CO.LTD,
For Petitioner :SRI.LIJU. M.P
For Respondent :SRI.P.G.GANAPPAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/01/2009
O R D E R
M.N.KRISHNAN, J
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MACA No.2316 OF 2008
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Dated this the 3rd day of February 2009
JUDGMENT
This appeal is filed by the 2nd respondent in O.P.(MV)No.455 of
2002 against the award of the Motor Accidents Claims Tribunal, Palakkad.
The point that arises for determination is whether the appellant did have a
valid driving license at the time of the accident. A perusal of the award
would show that in spite of specific direction, the appellant did not produce
driving license. Now along with the appeal, a photocopy is produced,
which, if true, would show that he had a driving license from 27.11.1995 to
19.4.2010. The accident had taken place in the year 2001. So, if it is proved
to be correct, the driver did have a valid driving license on the date of the
accident. But the original of the same has to be produced and the identity
has also to be established. The genuineness of the license also has to be
proved. Therefore I am inclined to grant an opportunity to the appellant to
produce the original of the document and prove its genuineness and its
connection and thereafter the matter be disposed of in accordance with law.
Till that time, no coercive proceedings shall be initiated against the owner.
MACA 2316/2008 -:2:-
Parties are directed to appear before the Tribunal on 3.3.2009.
MACA is disposed of accordingly.
M.N.KRISHNAN, JUDGE
Cdp/-