IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 1859 of 2005() ----------------------- OPMV.462/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT/3RD RESPONDENT ------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, ALUVA NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------- 1. C.V.VARGHESE, CHENTHATTEL HOUSE, CHALACHUVADU P.O., KATHIPPARATHADAM, IDUKKI DISTRICT. 2. JOSE THOMAS, VARIAYATHU HOUSE, CHALACHUVADU P.O., IDUKKI DISTRICT. 3. K.K.SUKUMARAN, KAITHAMATTAM HOUSE, HOUSE NO.1021/11, ADIMALI, IDUKKI DISTRICT. ADV. SRI.JOHNSON P.JOHN FOR R2 SRI.RAJU SEBASTIAN VADAKKEKKARA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA NO.1859/05 ORDER ON IA 3362/05 IN MACA 1859/05 DISMISSED 25.9.08 SD/-, M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1859 OF 2005 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Thodupuzha, in OP(MV) 462/02. The claimant was awarded a compensation of Rs.25,495/- by the Tribunal and directed the Insurance Company to deposit the amount. Dissatisfied with the award, the Insurance Company has come up in appeal. 2. The question that arises for determination is whether there is any breach of policy conditions so as to entitle the Insurance Company to have the right of recovery from the owner. The specific contention of the Insurance Company before the Tribunal is to the effect that the vehicle was used as a taxi whereas the policy was issued to use it as a private vehicle and therefore there is breach of policy conditions, which entitles the Insurance Company to get the amount recovered. The Tribunal in para 8 of the award considered that question and hold that the Insurance Company did not produce any evidence to show that there was breach of policy conditions. 3. I am afraid that the Tribunal is wrong in holding so. Exts.A3 and A4 are the charge sheet and the Assistant Motor Vehicle Inspector's report of the vehicle. The AMVI's report is prepared on 22.1.01. Column 4 (e) of the said report would show that it is a contract carriage. On a MACA No. 1859/05 2 perusal of column 17 it would reveal that there was a permit issued up to 26.1.01. The statement appended to the charge sheet would reveal that the vehicle had a permit to carry 10 persons and the vehicle is insured with the Oriental Insurance Company. These documents had not been challenged by anybody. So it has to be held that there is clear materials before the Tribunal to hold that the vehicle was used as a contract carriage with permit to carry 10 persons. Admittedly, the policy is issued only to use the vehicle as a private vehicle and therefore there is breach of policy conditions. As far as the third parties are concerned, they are liable to be compensated by the Insurance Company and the Insurance Company can recover it from the owner. Therefore, the appeal is allowed. The award of the Tribunal is modified and the Insurance Company is directed to deposit the amount due under the award to the claimant and on satisfaction of the award, proceed to realise the amount from the owner of the vehicle by execution of the very same award. M.N.KRISHNAN, JUDGE vps MACA No. 1859/05 3