NALINI Vs. A.D. JOSE S/O. DEVASSY

JUDGEMENT

(1.) These appeals are preferred against the award in O.P(MV) Nos. 526/2008 and 532/2008 of the Motor Accidents Claims Tribunal, Perumbavoor by the owner of the vehicle. M.A.C.A No. 1294/2016 was preferred against the award in O.P(MV) No. 526/2008 and M.A.C.A No. 1402/2016 preferred against the award in O.P(MV) No. 532/2008. The appellant's vehicle KL/2T/707 met with an accident on 03.03.2008 at 6.15 pm and the learned Tribunal awarded Rs. 2,74,745/- in OP(MV) No. 526/2008 and Rs. 32,552/- in OP(MV) No. 532/2008 and the learned Tribunal directed the insurer to satisfy the award and reimburse the amount from the owner and driver jointly and severally. Being aggrieved by that direction, the owner of the vehicle preferred this appeal.

(2.) There was no dispute with regard to the accident in the lower court. The owner of the vehicle filed a written statement and contended that the accident was not due to the negligence of the driver of the vehicle. The vehicle was insured with the third respondent in these appeals. The driver of the vehicle did not contest the matter and the insurer admitted the insurance of the vehicle and contended that the driver was not holding valid driving licence. Claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A13. Respondents documents were marked as Exts.B1 and B2. The disability certificate issued from the Govt. Medical College, Hospital, Thrissur was marked as Ext.X1.

(3.) The learned counsel appearing for the appellant contended that the second respondent in these appeals was not holding a valid driving licence. His licence was expired on 18.03.2007, but on 01.03.2008 he submitted relevant papers for renewing his driving licence before the Regional Transport Authority, Aluva, but it was renewed only on 12.03.2008. The accident was on 03.03.2008. Therefore, immediately after submitting application on 01.03.2008, the RT authorities were bound to issue licence. If that be the position, he is entitled to get renew the licence and presumed that valid driving licence .