IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 MACA.No. 596 of 2007() ---------------------------------- OPMV.1596/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT/JUDGMENT DEBTOR: --------------------------------------------- P. KARUNAKARAN, KARUNALAYAM, PUNNAMOODUKARA, MAVELIKARA P.O., ALAPPUZHA DIST. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENTS: RESPONDENT IN OP(MV): --------------------------------------------------------- 1. ANSAR, S/O.MOHAMMED KUNJU, KOLLADIKIZHAKKETHIL HUSE, ALUMPEEDIKA, SOUTH PRAYAR, CLAPPANA VILLAGE, OCHIRA, KARUNAGAPPALLY TALUK, KOLLAM. 2. SUNILAL, S/O. DIVAKARAN, KADUVATHRA THEKKETHIL VEEDU, WARD II, KANDALLOOR PANCHAYAT, KARTHIKAPPALLY TALUK. 3. THE ORIENTAL INSURANCE COMPALY LTD., DIVISIONAL OFFICE, T.H.T. TOWERS, MARKET ROAD, MUVATTUPUZHA, REP. BY THE MANAGER. BY ADV. SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = M.A.C.A. NO.596 OF 2007 = = = = = = = = = = = = = = = = = = = Dated this the 26th day of February, 2008 J U D G M E N T -------------------- Registered owner of a stage carriage bus bearing Reg. No.KDE-2628 is the appellant in this appeal. One Ansar filed O.P(MV) No.1596 of 1999 before the Motor Accidents Claims Tribunal, Kottayam alleging that while he was travelling in the above stage carriage bus, owned by the appellant and driven by the second respondent, met with an accident and he sustained injuries. He claimed a compensation of Rs.71,500/-. Appellant did not appear and contest the matter. The driver also remained ex parte. Insurer alone contested the case. The Insurer raised a contention that the second respondent was not having a valid driving licence. Tribunal directed the Insurer to pay the compensation and thereafter recover the same from the appellant. Challenging that award, this appeal is filed. 2. Learned counsel appearing for the appellant has argued that even the final report filed in the criminal case M.A.C.A. NO.596 OF 2007 -: 2 :- shows that the vehicle was driven by a person having a valid driving licence. The appellant had also produced details of the particulars of the driving licence of the driver obtained from the Licensing Authority which would show that the driver, who was driving the vehicle in question was holding a valid driving licence at the time of the accident. In the final report itself there is a reference regarding the driving licence. The Tribunal without considering that aspect exonerated the Insurer. So the award passed by the Tribunal directing the Insurer to pay the compensation and then to recover the same from the appellant is unsustainable and liable to be set aside. In the result, the appeal is allowed in part. The permission given to the Insurer to recover the amount from the appellant is set aside. I hold that the Insurer is liable to indemnify the insured. In all other respects, the award passed by the Tribunal is confirmed. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.A.C.A. NO.596 OF 2007 ===================== J U D G M E N T ------------------------------------------- 26TH FEBRUARY, 2008