Manaf K.P vs Sajitha
2021 Latest Caselaw 19143 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                           MACA NO. 237 OF 2014
 AGAINST THE AWARD IN OP(MAC) NO. 533/2011 OF MOTOR ACCIDENTS CLAIMS
                           TRIBUNAL TIRUR, TIRUR
APPELLANT/PETITIONER:

           MANAF K.P.
           S/O.ABDURAHIMAN,
           KONGANTE PURAKKA (H),
           CHETTIPPADI (PO),
           TIRURANGADI TALUK,
           MALAPPURAM DISTRICT

           BY ADV SRI.K.DILIP



RESPONDENTS/RESPONDENTS:

     1     SAJITHA
           AGED 38 YEARS, W/O.SURESH,
           PAYYAPANTHA (H), THUMARAKKAVU,
           POOKAYIL (PO), TIRUR TALUK,
           MALAPPURAM DISTRICT 676 107.

     2     THE NEW INDIA ASSURANCE C. LTD
           THAZHEPPALAM, TIRUR (PO)
           MALAPPURAM DISTRICT, PIN 676 101

           BY ADV SMT.T.C.SOWMIAVATHY, FOR R2




     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 237 OF 2014
                                    2



                              JUDGMENT

The appeal has been filed by the 1st respondent in

O.P.(MAC) No.533 of 2011 on the file of the Motor

Accidents Claims Tribunal, Tirur. The appellant, who is

the owner-cum-driver of an autorickshaw, has filed this

appeal being aggrieved by the direction contained in the

Award to satisfy the compensation amount payable to the

claimant, on the basis of the finding that the appellant

did not have a valid driving licence at the time of the

incident. The contention of the appellant is that he

had a valid driving licence and the same had been

entrusted with his Advocate for making necessary

submissions before the Tribunal. But unfortunately the

counsel had gone abroad without informing the appellant.

It is submitted that this was the circumstance in which

the driving licence could not be produced before the

Tribunal. The appellant has filed I.A.No.1/2021

producing along with the driving licence No.10/888/1999 MACA NO. 237 OF 2014

issued on 02.08.2007, which shows that it was valid from

30.07.2007 to 29.07.2027. The accident occurred on

07.09.2010 and hence the appellant was having a valid

driving licence at the relevant point of time. There is

no reason to deny the appellant, the opportunity to

produce his driving licence at the appellate stage,

having regard to the reasons stated in support of the

petition seeking production of the document. The only

reason for mulcting the appellant with liability is the

finding that the appellant did not have a valid driving

licence. This finding of fact is found to be wrong on

the basis of the evidence on record. The award is hence

liable to be modified by shifting the liability to pay

the amount of compensation to the insurer since there is

no violation of the policy conditions.

In the result, the appeal is allowed. The award of

the Motor Accidents Claims Tribunal, Tirur in O.P.(MAC)

No.533/2011 is modified by directing the 2nd respondent-

insurer to pay the amount awarded to the 1st respondent. MACA NO. 237 OF 2014

The Registry shall return the original of the licence

produced in this appeal to the appellant after retaining

a copy on file. The amount of ₹25,000/- deposited by

the appellant before the Tribunal for preferring this

appeal shall be refunded to the appellant on proper

application being filed. The 2nd respondent shall take

steps to satisfy the award within two months from the

date of receipt of a certified copy of this judgment.

The parties will bear their respective costs.

Sd/-

T.R.RAVI JUDGE

Pn MACA NO. 237 OF 2014

APPENDIX

PETITIONERS' EXHIBITS

ANNEXURE II THE ORIGINAL OF THE DRIVING LICENCE ISSUED TO THE APPELLANT BY THE GOVERNMENT OF INDIA DATED 02.08.2007