IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 MFA.No. 1330 of 2002(B) ----------------------- OPMV.2073/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/3RD RESPONDENT ----------------------------------------------- THE ORIENTAL INSURANCE COMPAMY LIMITED NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS/ PETITIONER AND RESPONDENTS 1 & 2 -------------------------------------------------------------------------------- 1. M.J.CLIFF @ CLIFF JOSEPH, S/O. JOSEPH, MALIECKAL HOUSE, PUTHENPALLY, VARAPUZHA P.O., PIN-683 517. 2. J.ANILKUMAR, T.C.28/1221, SREEKANTESWARAM, THIRUVANANTHAPURAM. 3. L.RAJENDRAN, MEDAYIL HOUSE, ULLUR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.R.SUDHISH FOR R2 SMT.M.MANJU FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.F.A.No. 1330/2002 ORDER IN C.M.P.No. 8077/02 IN M.F.A.No. 1330/02 DISMISSED SD/- M.N. KRISHNAN, JUDGE 3/07/08 /TRUE COPY/ P.A. TO JUDGE M.N. KRISHNAN, J ------------------------- M.F.A.No. 1330 OF 2002 ------------------------------------------ Dated this the 3rd day of July, 2008 J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) No. 2073/96. The claimant who sustained injury in a road accident has been awarded compensation of Rs. 66,650/- and respondents 1 to 3 are made liable to pay the compensation. It is against that decision, the present appeal is preferred. The grievance of the Insurance Company is to the effect that the Claims Tribunal has not considered its contention that the 2nd respondent, the driver was not having an effective driving licence at the time of the alleged accident which in turn would amount breach of policy conditions. A perusal of the award would reveal that this point has not been considered by the Tribunal at all. It is a question that has to be considered at least for the purpose of reimbursement of the amount. The extraction of the pleadings in the award also revealed M.F.A. No. 1330/2002 - 2 - about the plea of no driving licence to the rider of the vehicle. It is a point that has to be considered and therefore the award has to be set aside so far as it relates to the liability of the Insurance Company. At any rate the claimant is a 3rd party and even in the absence of a licence, the Insurance Company is liable to pay the amount and it can only get an award for reimbursement of the said amount by execution of the same award from the owner of the vehicle. Therefore the award under challenge is set aside to the limited extent of casting the total liability of the Insurance Company. The Insurance Company is directed to deposit the amount which is due to the claimant and the question of inter say dispute regarding the liability between the owner and the Insurance Company be decided in accordance with law in the light of the plea of not having a driving licence and also in the light of the principles laid down in the various decisions of Apex Court as well as in this court. Since the owner of the vehicle is not represented before the Tribunal, the Insurance Company is directed to take out notice to the owner after he appears before the Tribunal for a proper decision in the matter. Therefore the parties are directed to appear before the Tribunal on 11.8.2008. The Tribunal shall permit the Insurance M.F.A. No. 1330/2002 - 3 - Company as well as the owner to produce documentary as well as oral evidence in support of their respective contention and decide the matter in accordance with law. M.N. KRISHNAN, JUDGE vkm