ANILKUMAR Vs. JABBAR @UDUPPI JABBAR

JUDGEMENT

(1.) This appeal has been preferred by the second respondent before the MACT, Thodupuzha, who was the owner of the vehicle bearing No. KL06 D 2808, which got involved in a road traffic accident occurred on 03.07.2012.

(2.) The main grievance projected in this appeal is that, in spite of the clear direction given by a learned Judge of this Court in O.P (MAC) No. 82 of 2015, enabling the appellant to produce 'his' driving licence before the Tribunal, to substantiate the fact that the offending vehicle was being driven by him at the relevant time (and not by the person named by the police or the first respondent before Tribunal) Award has been passed by the Tribunal mulcting the liability upon the owner of the vehicle, which is sought to be interfered with, simultaneously seeking to deprecate the steps pursued by the Tribunal.

(3.) The sequence of events as revealed from the proceedings is that the deceased Akhil, a minor boy aged 12 years, was proceeding on his bicycle on 03.07.2012, when a mini lorry owned by the appellant and stated as driven by the first respondent, knocked him down, causing fatal injuries ultimately leading to his death. This was sought to be compensated by filing a claim petition before the Tribunal. The first respondent/driver of the vehicle did not choose to contest the matter and was set ex parte. Same was the position initially, in so far as the appellant herein is concerned.