IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 MACA.No. 1456 of 2005() ----------------------- OPMV.1227/1999 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANTS/PETITIONERS ----------------------------------- 1. ROHINI, W/O.LATE KOOLI RAJU, AGED 38 YEARS, THILLANKERI AMSOM, PALLIAM DESOM, P.O.THILLANKERI, MALOOR MALA. 2. RAJESH, S/O.KOOLI RAJU AGED 17 YEARS, (MINOR) REP. BY MOTHER ROHINI, W/O.KOOLI RAJU, AGED 38 YEARS (FIRST PETITIONER). 3. RAMYA, D/O.KOOLI RAJU, AGED 13 YEARS, (MINOR),REP. BY MOTHER ROHINI, W/O.KOOLI RAJU, AGED 38 YEARS. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT(S): RESPONDENTS 1 TO 4 AND PETITIONERS 4 AND 5 --------------------------------------------------------- 1. KATTERY ABDUL AZEEZ, S/O.HAMZA, AGED 36 YEARS, SAJITHA MANZIL, SIVAPURAM P.O., (DRIVER OF LORRY NO.KL-13/4-4623). 2. K.KHADER, S/O. MOIDEEN, SAJITHA MANZIL, P.O.SIVAPURAM, OWNER OF LORRY NO.KR-13/4-4623. 3. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICER, THALASSERY (INSURER OF LORRY NO.KL-13/4-4623, POLICY NO.100807/31/021/11/212/ 03397/1977. 4. RASHEED, COCHIPRON S/O.KUNHAMMED, PALLIVALAPPIL HOUSE, P.O.SIVAPURAM. 5. MAHESH, S/O.KOOLI RAJU, THILLANKERI AMSOM, PALLIAM DESOM, P.O.THILLANKERY. 6. KOOLI KARICHI, W/O.KUNHIRAMAN, AGED 67 YEARS, THILLANKERI AMSOM, PALLIAM DESOM, P.O.THILLANKERI. ADV. SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No. 1456 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of January, 2011 Judgment Basheer, J: The short question that arises for consideration in this appeal which is at the instance of the claimant in a petition filed under Section 166 of the Motor Vehicles Act is whether the Tribunal was justified in totally exonerating the insurer of the vehicle from the liability to pay compensation to the claimant on the ground that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident. 2. Learned counsel for the appellant/claimant submits that even assuming the driver did not possess a valid driving licence, the Tribunal ought to have directed the Insurance Company to pay the compensation and recover it from the owner of the vehicle. There is considerable force in the above contention. 3. It has come out in evidence that despite sufficient opportunity given to the owner and driver to produce the licence, both of them had failed to do so. The contention raised by the insurer that the driver did not possess a licence was not controverted at all. However the Tribunal MACA.1456/2005. : 2 : proceeded to hold that in the absence of a valid driving licence, the owner of the vehicle was liable to pay the compensation. In other words, the Tribunal exonerated the insurer from the liability to indemnify the owner. This view taken by the Tribunal is against the well settled principles of law and judicial precedents. In that view of the matter the award is set aside to the extent it exonerates the insurer from the liability to pay the compensation. 4. It is held that respondent No.3 the Insurance Company shall be liable to pay the compensation to the claimant, with liberty to recover the same from respondent No., 2 owner of the vehicle. The Insurance Company shall deposit the compensation before the Tribunal within one month from the date of receipt of a copy of this judgment. The appeal is disposed of in the above terms. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.