IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 MACA.No. 2159 of 2008(B) ------------------------------------- OP(MV).NO.1346/2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT/ 2ND RESPONDENT: ----------------------------------------------- UNITED INDIA INSURANCE CO.LTD, ORISON COMPLEX, KUNNAMKULAM. BY ADV. SRI.P.V.JYOTHI PRASAD. RESPONDENT/ PETITIONER & IST RESPONDENT: ----------------------------------------------------------------------- 1. POLLY, S/O.MATHAI, PULLIKAN HOUSE, MULLAKARA VILLAGE, P.O.MANNUTHY. 2. K.I.JOSE, S/O.ITTOOP, KOLLANNUR HOUSE, PAZHANJI.P.O, THRISSUR. R2 BY ADV. SRI.P.RAMACHANDRAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 2159/2008-B: ORDER ON I.A. NO. 2568/2008 IN M.A.C.A. NO. 2159/2008-B DISMISSED 25/11/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2159 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)1346/02. The claim was filed against 5 respondents and the Tribunal found that the first respondent who was the owner and driver of the offending vehicle was responsible for the accident. The insurance company raised a contention that he did not have proper licence or badge and therefore contended that it has to be exonerated from the liability. In a one sentence discussion the Tribunal held that the insurance company has not substantiated the contention and negatived the prayer. No issue is framed on that point and I do not see application of mind at all by the Tribunal in deciding that point. So it is a matter that requires specific consideration, that is, the interse liability between the insurance company and the owner. Therefore the award under challenge is partly set aside with respect to the interse liability between the M.A.C.A. 2159 OF 2008 -:2:- insurance company and the owner and the Tribunal is directed to find out whether there is any breach of policy conditions by non possession of a driving licence or badge and decide the question in accordance with law. I make it clear no other contention can be looked into in this case and the matter has to be disposed of after permitting both sides to adduce both documentary as well as oral evidence in support of their respective contentions. The insurance company is directed to pay the amount to the claimant and if ultimately succeeds the Tribunal can pass an order directing recovery of the said amount from the owner. If it is found that there is valid badge or driving licence insurance company will not be entitled to any relief. Parties are directed to appear before the Tribunal on 31.12.08. Presence of the claimant need not be insisted. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-