IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 MACA.No. 29 of 2003() --------------------- OP(MV).1953/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/2ND RESPONDENT IN M.V.O.P: ----------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY THE DEPUTY MANAGER, MOTOR THIRD PARTY CLAIMS CELL, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM COCHIN-682 018. BY ADV. SRI.M.JACOB MURICKAN RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2 IN M.V.O.P. --------------------------------------------------------- 1. C.A. DEVASYA, S/O. ABRAHAM, CHERIVUPARAMBIL HOUSE, PUZHAVATHU P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. 2. SOBICHAN MATHEW, S/O. BABYCHAN, PUTHUPARAMBIL HOUSE, KAILATHUPADY BHAGOM, THRIKKODITHANAM VILLAGE, CHANGANACHERRY. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO.423/2003 IN M.A.C.A.29/2003 DISMISSED. 24.3.2008 SD/- J.B.KOSHY, JUDGE SD/- K.HEMA, JUDGE /TRUE COPY/ J.B. Koshy & K.Hema, JJ. -------------------------------------- M.A.C.A. No. 29 of 2003 --------------------------------------- Dated this the 24th day of March, 2008 Judgment Koshy,J. First respondent in this appeal filed an application for compensation before the Motor Accidents Claims Tribunal, Kottayam contending that while he was returning home in his scooter, a scooter bearing registration No.KL/5A-5146 came from his back in a rash and negligent manner and hit on his scooter and as a result, he fell down and sustained injuries. He was taken to the Medical College Hospital. According to him, the accident occurred due to the negligence of the second respondent (first respondent before the tribunal) and an amount of Rs.70,960/- with interest and cost was awarded. The owner-cum-driver did not file any appeal, but, insurance company of the vehicle which was driven by the second respondent (first respondent before the tribunal) filed this appeal contending that there was no licence at all to the driver of the vehicle at the time of the accident. In the written statement itself, insurance company contended that the driver of the vehicle had no valid driving licence. It was also pointed out that the driver M.A.C.A.No. 29/2003 2 obtained a learner's licence on 6.2.1992. The accident occurred on 21.1.1992. Therefore, at the time of accident, he was not even having a learner's licence. He was also charge-sheeted for driving the vehicle without a licence. The owner-cum-driver of the offending vehicle also did not produce his driving licence before the tribunal. So long as the driver of the offending vehicle insured by the appellant insurance company has no driving licence, there is violation of the policy condition. In the above circumstances, though the claimant can realise the third party statutory liability from the insurance company, the insurance company, on deposit of the amount can realise the amount from the owner-cum-driver, the insured. 2. Notices sent to respondent Nos.1 and 2 were returned unserved. Thereafter, paper publication was made. Copy of the appeal memorandum was also served on their advocates who were appearing before the tribunal. Yet, there was no appearance. In any event, charge sheet shows that the driver of the offending vehicle had no driving licence at all. He was the owner of the vehicle also and there is clear violation of the policy condition. Therefore, the insurance company, after deposit of the amount, is M.A.C.A.No. 29/2003 3 allowed to recover the same from the second respondent (first respondent before the tribunal) in execution of the award itself. Appeal is allowed. J.B.Koshy Judge K. Hema Judge vaa M.A.C.A.No. 29/2003 4 J.B. KOSHY AND K.HEMA ,JJ. ------------------------------------- M.A.C.A. No. 29 of 2003 ------------------------------------- Judgment Dated:24th March, 2008