IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 MACA.No. 1554 of 2009(D) ----------------------- OPMV.281/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT(S)/1ST RESPONDENT : --------------------------------------- P.UNNIANKUTTY, S/O.MUHAMMED HAJI, VENTATTIL HOUSE, PANAMANNA, AMBALAVATTAM POST, OTTAPALAM. (OWNER OF TRACTOR KL 9E 7494). BY ADV. SRI.R.VENUGOPAL SRI.R.SREEHARI RESPONDENT(S)/ RESPONDENTS 2 & 3 : ----------------------------------------------- 1. P.BABU @ BABU RAJ, S/O.PANKAN, PANARKOTTIL HOUSE, LAKKIDI (VIA), OTTAPALAM. 2. RAJAN, S/O.GOPALAN NAIR, CHOLAYIL VEEDU, THEKKUMANGALAM, LAKKIDI POST. 3. NEW INDIA ASSURANCE CO.LTD., BRANCH OFFICE, 2ND FLOOR, J R J COMPLEX, MAIN ROAD, OTTAPALAM. ADV. SMT.A.SREEKALA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1554 OF 2009 = = = = = = = = = = = = = = = Dated this the 20th day of October, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Palakkad in O.P.(MV)281/01. The short point that arises for determination is whether there was a proper valid driving licence for the driver and whether there is breach of policy conditions which entitles the insurance company to get reimbursement of the amount paid to the third party. Documents have been produced in this appeal which are photocopies which would prima facie indicate that there is a case for the owner which requires consideration at the hands of the Tribunal. Therefore an opportunity can be given to the owner to produce the driving licence particulars and the Court can consider whether there was a valid driving licence on the date of the accident and whether there is any breach of policy conditions and depending upon the decision on this point can either direct the owner to reimburse or if the finding is that there is a M.A.C.A. 1554 OF 2009 -:2:- proper licence deny the right to recovery for the insurance company. For the said purpose the award is set aside so far as that point is concerned and the matter is remitted back to the Tribunal with a direction to the Tribunal to permit the owner, driver as well as the insurance company to produce documentary as well as oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Court below on 1.12.2009. Needless to say that the amount in deposit shall be disbursed to the successful party. M.N. KRISHNAN, JUDGE. ul/-