The petitioner is the registered owner of stage carriage bearing registration No.KL-12/B 9394, who was impleaded in the claim filed for compensation by an injured in an accident, in which the petitioner's vehicle was involved. The accident itself took place on 23.04.2008. The award was passed on 20.03.2013. Admittedly the petitioner as well as the driver of the vehicle remained ex parte. The award mulcted the liability on the petitioner and the driver of the vehicle, for reason of the driver of the vehicle, the 2nd respondent herein, having no valid driving licence. 2. The petitioner submits that the 2nd respondent herein has, in fact, a valid driving licence as is indicated in Exhibit P4. The petitioner, along with the 2nd respondent-driver, has filed an application, Exhibit P3, for setting aside the award, with a delay of 461 days. The petitioner contends that the owner and driver would be absolved from the liability of paying the amounts deposited by the Insurance Company, if the driving licence is taken into consideration, OP(MAC).No.168 of 2014 - 2 -
which definitely would indicate that there is no violation of policy conditions as found in the award.
3. Prima facie, looking at the copy of the driving licence produced herein, this Court is of the opinion that the award can be set aside only for the purpose of consideration of the liability; whether it should be mulcted on the Insurance Company or the registered owner of the vehicle. Only considering the circumstances placed before this Court, this Court is of the opinion that the applications can be allowed on costs. Normally this Court would have directed the Tribunal to consider the applications; but to avoid further adjournments on the issue, the applications at Exhibits P3 and P3(a) would stand allowed on the petitioner paying an amount of Rs.5,000/- [Rupees five thousand only] as cost to the Insurance Company. The cost shall be paid within a period of one month from today and if a memo to that effect is produced before the Tribunal, the Tribunal shall consider the matter afresh, only with respect to the liability of payment of compensation. It is made clear that Exhibit P1 is set aside only to that extent and no notice shall be issued to the OP(MAC).No.168 of 2014 - 3 -
claimant. The matter shall be considered in accordance with law after permitting the petitioner to produce evidence to substantiate his contention. It is also made clear that this Court has not entered into any finding on merit regarding the validity of the driving licence and the prima facie observation made need not restrict the Tribunal in finding the issue on merits.
4. In the light of the above circumstances, it is directed that the recovery proceedings shall be kept in abeyance till the issue is decided.
The Original Petition is disposed of as above.
vku/-
Sd/-
K.Vinod Chandran, Judge ( true copy )