IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 MFA.No. 187 of 2002() --------------------- OPMV.460/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, WAYANAD,KALPETTA .................... APPELLANT: 3RD RESPONDENT: --------------------------------------------------- NEW INDIA ASSURANCE COMPANY LTD., KANNUR, REPRESENTED BY THE REGIONAL MANAGER, REGIONAL OFFICE, KOCHI-11. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: PETITIONER & RESPONDENTS 1 AND 2: ------------------------------------------------------------------------------------- 1. LAKSHMANAN, S/O. NARASSU, SUNDAR HOUSE, P.O.KAPPATTMALA, VARAYAL, MANANTHAVADY TALUK. 2. FRANCIS ALIAS KUNHUMON, S/O.JOHN ALIAS ANACHAN, KOLANCHERIL, KANIAMCHAL, KANIAMCHAL POST, KANNUR DISTRICT. 3. K.V.UNNIKRISHNAN, S/O.KRISHNAN NAMBIAR, KAREPPIDI HOUSE, KALYASSERY POST, KANNUR DISTRICT. BY ADV. SMT.A.C.VIDYA - R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.904/2002 IN M.F.A.NO.187/2002 DISMISSED 17/06/2008 SD/- J.B.KOSHY, JUDGE SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.187 OF 2002 (D) ----------------------------------- Dated this the 17th day of June, 2008 J U D G M E N T KOSHY,J. This appeal is filed by the Insurance company questioning the award of the Motor Accidents Claims Tribunal, Wayanad, in O.P.(MV).No.460/1993. Total amount awarded was only Rs.25,340/-. According to the appellant, driver of the offending vehicle had no valid driving licence. It was contended by the owner that his vehicle was stolen and at the time of accident, vehicle was driven by the 2nd respondent unauthorisedly. The above plea was not accepted by the tribunal and found that 2nd respondent was driving the vehicle with the consent of the 1st respondent. Even though a contention was raised that the driver had no valid driving licence, that contention was not proved by the Insurance company. No evidence was also adduced to show that 2nd respondent was not having a valid driving licence, and if MFA.187/2002 2 there is violation of policy conditions, it is for the Insurance company to prove the same (See New India Assurance Co. Ltd. v. Kiran Singh (2004 AIR SCW 4212) and National Insurance Co. Ltd. v. Swaran Singh (AIR 2004 SC 1531)). It is not disputed that at the time of accident, offending vehicle was covered by valid policy of Insurance issued by appellant Insurance company. In the above circumstances, appellant Insurance company cannot avoid statutory liability to 3rd parties. We see no ground to interfere with the order of the tribunal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.187 OF 2002 (D) --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 17th June, 2008