Respondents 1 and 2 before the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.763/2006, have come up in appeal, challenging the findings entered by the Tribunal in the award dated 27.11.2012, to the effect that the 1st respondent was not holding any valid driving licence or badge as on the date of accident. By entering a finding to that effect, the learned Tribunal had proceeded to pass an award directing the 3rd respondent insurance company to meet the award at first and pay the same to the petitioner and then to recover it from the 2nd respondent.
2. Heard the learned counsel for the appellants Sri.Manoj T.N. and the learned Standing Counsel for the 2nd respondent, Sri.John Joseph Vettikkad. The request of the learned counsel for the appellants is to extent an opportunity to respondents 1 and 2(appellants) to prove that at the time of accident, the 1st appellant was holding a valid driving licence and badge so as to enable him to drive the vehicle in question. It has been pointed out that even though the 1st respondent had pointed out before the Tribunal that he was holding a valid driving licence, no sufficient opportunity was granted to the 1st respondent to prove the same. Presently, the appellants have produced the driving licence as well as the photocopy of the badge before this Court which shows that during the period in question he was holding driving licence and badge. It appears that it is for the 1st appellant to prove the said aspect beyond doubt before the Tribunal.
3. On hearing either sides, this Court is of the view that the matter requires reconsideration. The fact as to whether the 1st appellant herein was holding a valid driving licence or badge as on the date of accident, has to be decided afresh, for which, that part of the impugned award has to be set aside and the matter has to be remitted to the Tribunal.
4. In the result, this appeal is allowed in part and that part of the impugned award by which the 2nd respondent herein is permitted to recover the amount deposited by it from the 2nd appellant is set aside and the matter is remitted to the Tribunal for fresh consideration in accordance with law, after giving opportunities to the appellants and the 2nd respondent to adduce fresh/further evidence in the matter.
The deposit made by the appellants under Section 173 (1) of the Motor Vehicles Act shall be dealt with in accordance with the final outcome of the matter. The parties shall appear before the Tribunal on 11.07.2014.
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B. KEMAL PASHA, JUDGE [True copy] P.S. to Judge