IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 MACA.No. 848 of 2009() ---------------------- OPMV.573/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): 3RD RESPONDENT ---------------------------- THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): RESPONDENTS 1 & 2 -------------------------------- 1. P.P.KUNJACHAN, PUTHUKUNNEL HOUSE, KAVALANGADU P.O., NERIYAMANGALAM. 2. ELDHOSE S/O. KUNJAPPAN, PUTHUKUNNEL HOUSE, KAVALANGADU P.O., NERIYAMANGALAM. ADV. SRI.R.BINDU (SASTHAMANGALAM) FOR R1&2 SRI.PRASANTH M.P THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 848 and 849 OF 2009 = = = = = = = = = = = = = = = Dated this the 12th day of November, 2009. J U D G M E N T These appeals are preferred against the awards of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) Nos.573/05 and 587/05. The Tribunal has awarded a compensation of Rs.16,950/- in O.P.(MV)573/05 and Rs.14,450/- in O.P.(MV)587/05 and directed the insurance company to pay the amount. The grievance of the insurance company is that the driver did not have an effective valid driving licence to drive the vehicle on the date of accident and therefore it is entitled at least for reimbursement of the amount from the owner. 2. The vehicle involved in the accident is a jeep intended to carry public or it is a vehicle which is coming within the ambit of the definition of a transport vehicle under S.2(47) of the M.V.Act. U/s 3 of the M.V.Act when a person has to drive a vehicle he should possess a licence to drive the same with the necessary endorsement to drive a particular M.A.C.A. Nos.848 & 849 OF 2009 -:2:- type of vehicle which he drives. Being a transport vehicle a mere licence to drive a light motor vehicle is not sufficient. There must be a specific authorisation to drive that vehicle. The position is now fairly well settled and prior to the amendment to S.10 of the M.V.Act there are clauses 'e' to 'h' which dealt with medium motor vehicles etc. and all those clauses were removed and a new clause 'e' was introduced u/s 10 of the M.V.Act by inserting the word 'transport vehicle' and the definition of the transport vehicle takes in a passenger carrying vehicle. Therefore the necessary authorisation to drive such a vehicle is necessary. In this particular case there is no other authorisation to drive a transport vehicle namely a passenger carrying vehicle and therefore the driver was not duly licensed to drive that particular vehicle. Under the terms and conditions of the policy a person must have a due licence to drive a vehicle. When it is not there it amounts to fundamental breach of policy condition. Relationship of the driver and the owner is that of a father and son. The father namely the owner was conscious of the fact that son did not possess requisite licence. So it amounts to breach of policy condition. As laid M.A.C.A. Nos.848 & 849 OF 2009 -:3:- down in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) the benevolent enactment does not want to deprive the third party from realising the amount and therefore the insurance company has to be directed to pay the amount and get it reimbursed from the owner. Therefore the award passed by the Tribunal in both the cases are modified and a direction is given to the insurance company to get the amount which it has paid for satisfaction of the award from the owner of the vehicle. It is also directed that the insurance company shall not take any coercive steps to recover the amount for a period of four months from today so as to enable the owner to reimburse the amount. Thereafter it is at liberty to proceed in accordance with law for the realisation of the amount. The appeals are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-