JUDGMENT :

A. BADHARUDEEN, J.

1. M.A.C.A. No. 1907/2013 is an appeal filed by the original 1st respondent in O.P. (MV) No. 1828/2011 on the file of the Motor Accident Claims Tribunal, Kollam, challenging the award dated 31.01.2013 whereby recovery right was granted in favour of the insurance company, the original 3rd respondent, on the finding that the 2nd respondent in the original petition, the driver of the motorcycle bearing Reg. No. KL-4/U6832, was not having valid driving licence at the relevant time of accident. In this case insurance company and other parties to the original petition were arrayed as respondents.

2. O.P. (MAC) No. 3799/2013 is an original petition filed by the appellant in M.A.C.A. No. 1907/2013 under Article 227 of the Constitution of India to declare Ext.P2 revenue recovery proceedings ordered by the Tribunal dated 08.10.2013 as illegal as the same suffers from jurisdictional infirmity.

3. Heard both sides.

4. The seminal legal question arises for consideration is; whether absence of a valid driving licence on the date of accident is a reason to grant recovery right?

5. In this context it is submitted by the learned counsel for the appellant that the 2nd respond