IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 M.A.C.A.No.656 of 2003 ---------------------------------------------- O.P.(M.V).NO.1698/1991 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM (AWARD DATED 25.01.2003) .................... APPELLANT/PETITIONER:- --------------------------------------- REGHU NATHAN, PLANTHOTTATHIL HOUSE, PERUNNI EAST P.O., CHANGANACHERRY. BY ADV. SMT.BETTY K. ALUKKA. RESPONDENTS/RESPONDENTS1, 3 & ADDL.R4:- --------------------------------------------------------------------- 1. SUSEELAN, PUTHUPARAMBIL HOUSE, CHALACHIRA BHAGAM, ITHITHANAM, CHANGANACHERRY. 2. UNITED INDIA INSURANCE COMPANY LIMITED, KOTTAYAM DIVISION. 3. SAJAN, MULLANKUZHIYIL HOUSE, NEAR MALAMKUNNAM HIGH SCHOOL, ITHITHANAM KARA, CHANGANACHERRY. (2ND RESPONDENT IN THE OP(MV) DELETED IN THE LOWER COURT) R1 & R3 BY ADV. SRI.C.S.MANU. R2 BY ADV.SRI.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- M.N.Krishnan,J. -------------------------------- M.A.C.A.No.656 of 2003 -------------------------------- Dated, this the 30th day of May, 2008 JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V.).No.1698 of 1991. 2. The claimant was awarded a compensation of Rs.32,500/- and the Insurance Company was exonerated from the liability on the ground of non-possession of a driving licence by the driver. The Court relied upon the decision of this Court reported in Oriental Insurance Company v. Narayanan [2003 (1) KLT 1]. 3. The learned counsel for the appellant submits before me that the decision in 2003(1) KLT 1 has been overruled by the decision in Alias v. Paul [2003 (2) KLT 992]. She would also submit before me that in the light of the decision in National Insurance Co. Ltd. v. Swaran Singh [2004 (1) KLT 781 (SC)], the approach of the Tribunal is not appropriate. 4. A perusal of sub-paras (iii) and (vi) of paragraph 102 of the decision in Swaran Singh's case would reveal that the disqualification of a driver or invalid driving licence, etc. have to be considered and to avoid liability, the Insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of M.A.C.A.No.656 of 2003 - 2 - fulfilling the conditions of the policy regarding use of vehicle by duly licensed driver. The Court also held that the absence of a licence is to be found as so fundamental to have contributed to the cause of the accident. Since the case was disposed of much prior to the decisions rendered in Swaran Singh's case (supra) and 2003(2) KLT 992, the Tribunal did not get the opportunity to follow those dicta laid down. Therefore, the matter requires reconsideration, so far as it relates to the liability of the Insurance Company is concerned. Therefore, the award of the Tribunal is partly set aside and the question whether the Insurance Company is to be exonerated from the liability on account of the non-production of a driving licence be considered afresh in the light of the decision in Swaran Singh's case after affording equal opportunity to all concerned for producing document and adducing oral evidence in support of their respective contentions. Parties are directed to appear before the Court below on 15th July, 2008. M.N.Krishnan Judge vku/-