IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 MACA.No. 2163 of 2009(B) ----------------------------- (AGAINST THE AWARD IN OP(MV)656/07 PASSED BY MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALA) .............................. APPELLANT(S)/RESPONDENTS 1 &2: -------------------------------------------- 1. THOMAS K.C. ,S/O. CHACKO, AGED 68 YEARS,KANIYARUKUZHIYIL HOUSE, KARIMKUNNAM,THODUPUZHA 685 586. 2. OUSEPACHAN C.V @ SUNNY S/O.VARKEY,CHATHANATTU HOUSE PURAPUZHA,THODUPUZHA. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S)/PETITIONER & 3RD RESPONDENT: -------------------------------------------------------------- 1. PHILIP, S/O.MATHAI POTHAN NARIKKATTU HOUSE, PANTHATHALA, PALA. 2. THE MANAGER NATIONAL INSURANCE CO.LTD PALA. ADV. SRI.M.A.GEORGE FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2163 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)656/07. The driver and owner of the car involved in the accident had come up in appeal challenging the finding of the Tribunal directing the owner to pay the insurance company an amount which it is directed to pay towards the claim. 2. The point that arises for determination is whether there is any breach of policy conditions committed by the owner of the vehicle which warrants reimbursement of the amount. Learned counsel for the appellant would very strongly contends before me that the vehicle involved in the accident is only a private vehicle and the accident had taken place while it was being used as a private vehicle. It is also submitted that there was a valid driving licence to drive a car but the approach of the Tribunal appears to be that the vehicle involved in the accident is a transport vehicle and as M.A.C.A. 2163 OF 2009 -:2:- there is no valid licence authorizing to drive such a vehicle there is breach of policy conditions and so the insurance company is entitled to get reimbursement of the amount. 3. Learned counsel for the appellant had shown me the copy of the policy which indicates that it is issued towards the coverage of a private vehicle. He had also shown me a licence which would show that if it is only a private vehicle there is valid driving licence. So the larger question that has to be decided in this case is whether the vehicle involved is a private vehicle or a transport vehicle coming under S.2(47) of the M.V.Act. The matter has not been considered in that angle and no discussion is also found in the award. Therefore the matter requires reconsideration at the hands of the Tribunal and the whole question depends upon the nature of the vehicle. Therefore the award under challenge is set aside so far as it relates to the interse liability between the owner and the insurance company is concerned and it is remitted back to the Tribunal with a direction to permit both the parties to produce documentary M.A.C.A. 2163 OF 2009 -:3:- as well as oral evidence in support of their respective contentions and then decide the question as to the nature and kind of the vehicle and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 19.12.2009. It is made clear that till a final decision is taken on the matter there shall not be any recovery proceedings against the owner and driver. M.N. KRISHNAN, JUDGE. ul/-