Ramachandran Nair, J. This appeal is filed by the owner and driver of the offending vehicle bearing Reg. No.KL/18/C/8493. Only a short question arises for consideration herein. The second appellant is the driver of the vehicle. The insurance company had taken a contention that he had no driving licence at the time of accident. They had filed I.A. No.216/2012 to direct the second appellant to produce the driving licence and accordingly summons was issued. According to the appellants, on that day the second appellant produced his driving licence by giving notice to the learned counsel appearing for the insurance company. The insurance company also produced a driving licence which belongs to a third party and it was mistakenly marked as Ext.B2. According to the appellants, the second appellant has got a valid licence which has been produced on 15.11.2012.
2. It is seen from paragraph 9 of the award passed by the Tribunal, to which our attention was invited by the learned counsel for the appellants, the Tribunal has recorded that the driving licence produced is in respect of one Laksham Veetil Muneer. A copy of the application along with a photo copy of the driving licence was made available by the learned counsel for the appellants which shows that the second appellant was having licence from 1994.
3. In that view of the matter, the Tribunal has to reconsider the entire issues, viz. with regard to the liability of the appellants to meet the award. We therefore allow one more opportunity to the appellants to adduce evidence before the Tribunal. The direction in the operative portion of the award that the insurance company can recover the amount from respondents 1 and 2 (appellants herein) is vacated and the matter will be reconsidered. It is made clear that this Court has not interfered with the quantum of amount awarded and the payability of the same to the claimants also. As regards the liability of the appellants and whether the second appellant is having a valid driving licence as on the date of accident, will be gone into by the Tribunal.
The parties shall appear before the Tribunal on 16.12.2014. The coercive steps now taken against the appellants will be kept in abeyance till revised award is passed by the Tribunal.
The appeal is allowed as above. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) (P.V.ASHA, JUDGE) kav/