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