IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 MFA.No. 1336 of 2002(B) ----------------------- OPMV.447/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANT: APPLICANT IN O.P: -------------------------------------------- K.PANKAJAKSHAN, S/O. KESAVANASAN, `SWATHY HOUSE', NEAR KERALA KAUMUDI, PETTAH WARD, THIRUVANANTHAPURAM. BY ADV. SRI.J.HARIKUMAR RESPONDENTS: RESPONDENTS IN O.P: ------------------------------------------------------ 1. MOHANAN, S/O. THANKAPPAN, T.C.16/842, PANDUVILAKAM VEEDU,NEAR JAGATHY U.P.S. JAGATHY WARD, THYCAUD P.O.,THIRUVANANTHAPURAM-14, (DRIVER OF THE VEHICLE NO.KEV-342). 2. VIKRAMAN, VAYALIL VEEDU, VANCHIYOOR, THIRUVANANTHAPURAM. (OWNER OF THE VEHICLE KEV-342). 3. THE MANAGER, M/S. NEW INDIA ASSURANCE CO.LTD., 2ND FLOOR, K.N.MATHEW BUILDINGS, GANDHARI AMMAN COIL ROAD, THIRUVANANTHAPURAM. (INSURER OF THE VEHICLE POLICY NO.3176050110714, CERTIFICATE NO.429800/92). BY ADV. SRI.B.JAYASURYA SRI.A.C.DEVY THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 24.1.2008, THE COURT ON 24/01/2008 DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.1336 of 2002 ----------------------------------------- Dated this the 24th day of January, 2008 JUDGMENT Koshy, J. Appellant suffered serious injuries in a motor accident caused due to the negligence of the second respondent driver of the vehicle, insured by the third respondent Insurance Company. The Tribunal awarded compensation of Rs.21,250/- with interest and cost. But, having found that the driver of the vehicle had no valid driving licence, the Insurance Company was exonerated from the liability for the violation of policy condition and directed the driver and owner of the vehicle to deposit the compensation amount. 2. Coverage of policy was not disputed. It is contended by the appellant that the Insurance Company did not prove that the accident occurred due to the absent of licence and therefore, on the basis of the decision reported in National Insurance Company v. Swaran Singh (2004(1) KLT 781) the Insurance Company should be made liable. But, owner did not file an appeal. Even if there is violation of policy conditions, we are of the view that as held by the Supreme Court in United India Insurance Co. Ltd. v. Lehru and others (AIR 2003 SC 1292), National Insurance Co.Ltd. v. MFA.1336/02 2 Nocolletta Rohtagi and others (JT 2002(7) SC 251) and National Insurance Co. Ltd. v. Kusum Rai and others (AIR 2006 SCW 1649) compensation payable to a third party cannot be denied by the Insurance Company and the Insurance Company is bound to pay compensation as it is a statutory liability. But, however, the Insurance Company can recover the same from the insured, owner of the vehicle, in execution of the award itself. Therefore, we modify the award. We direct the Insurance Company to deposit the compensation amount and the Insurance Company is allowed to recover the same from the insured. 3. Considering the total amount and the rate of interest awarded and the injuries suffered, we are of opinion that no enhancement of compensation is required. On deposit of the amount, the appellant is allowed to withdraw the same. The appeal is allowed to the above extent. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. MFA.1336/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.1336 of 2002 ------------------------------ JUDGMENT 24.1.2008