IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 MACA.No. 982 of 2006(B) ----------------------------------- OPMV.599/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOLLAM .................... APPELLANT(S): /3RD RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, ATTINGAL NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2: ---------------------------------------------------------------- 1. VASANTHAN, S/O.CHELLAPPAN, PARAVILA VEEDU, THOPPIL, MULACKALATHUKAVU P.O., KILIMANOOR VILLAGE. 2. S.ANILKUMAR, S/O.SUKUMARAN, THADATHARIKATHU VEEDU, PALAMKONAM P.O., PULLAMPARA, VENJARAMOODU, NEDUMANGAD. 3. PRASANNAKUMAR, S/O.SADANANDAN PILLAI, PRASANTHALAYAM, PANDAMTHADAM, MALAYOOR DESOM, KILIMANOOR VILLAGE. ADV. SRI.M.RAJAGOPALAN NAIR FOR R2 SRI.G.BIJU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 982 OF 2006 = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2009 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV)599/98. The claimant sustained injuries in a road accident and he has been awarded a total compensation of Rs.21,643/- and the respondents were made jointly and severally liable for the same. The insurance company has challenged its liability on the ground that the driver did not have a valid driving licence. It is seen from the extraction of written statement in the award that a contention is taken to the effect that the driver did not have a valid driving licence. Unfortunately the Tribunal has not considered that point at all and therefore that requires consideration at the hands of the Tribunal. Since it is only a breach of policy condition the question may arise only for reimbursement of the amount from the owner. Therefore the award under challenge is set aside to the extend regarding the total liability of the insurance company M.A.C.A. 982 OF 2006 -:2:- and the Tribunal is directed to consider and decide whether there is a driving licence for the driver of the auto rickshaw and whether there is breach of policy condition and whether it will give a right for the insurance company to get it reimbursed from the owner. For the said purpose the parties are permitted to produce both documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. As a matter of abundant caution the insurance company is directed to take out summons to the owner once again after it enters appearance before the Tribunal on 17.3.2009. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-