IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 MACA.No. 1370 of 2006() ---------------------------------- OPMV.137/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... APPELLANT/1S RESPONDENT: -------------------------------------------- K.N. ANIL KUMAR, KELANPURAYIDATHIL HOUSE, PATHAMPUZHA P.O. BY ADV. SRI.V.K.SUNIL SRI.BABY THOMAS RESPONDENTS/ PETITIONER & RESPONDENTS 2 & 3: ----------------------------------------------------------------------------- 1. JANAKIAMMA @ JANAKI, KANANTTU (H), PLASSANAL P.O. 2. REJIMON C.R., CHEMMALLICKAL HOUSE, PLASSANAL P.O. 3. THE NATIONAL INSURANCE CO. LTD., PALA. BY ADV. SRI.E.M.JOSEPH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A. NO.1538/2006 IN MACA. NO.1370/2006 DISMISSED 19/08/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // P.A. TO JUDGE Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1370 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th day of August, 2008. 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)137/00. The claimant has been awarded a compensation of Rs.46,250/- with 9% interest from 28.2.00 till realisation. The owner has been directed to reimburse the amount to the insurance company. But, unfortunately, the owner has entrusted a passenger carrying auto with a person who was only holding a learner's licence. For driving a vehicle carrying public a badge is necessary. A learner's licence holder is not entitled to ply an auto rickshaw with passengers for hire or reward nor the owner is permitted to entrust the vehicle to such a person. But in this case it is clear that there was no L Board. There was no other person knowing driving and to crown all, passengers were carried for hire or reward which is all against the fundamental conditions of policy. So I cannot M.A.C.A. 1370 OF 2006 -:2:- find fault with the insurance company for claiming reimbursement of the amount from the owner and therefore the appeal lacks merit and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-