IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 MACA.No. 1995 of 2006() ----------------------- OPMV.505/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/3RD RESPONDENT ------------------------------------ THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM, REP. BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS/ RESPONDENTS 1 & 2: ------------------------------------------ 1. GOPALAKRISHNAN, S/O.PARAMESWARAN, CHIRAKKAL HOUSE, VENDUVAZHI KARA, KOTHAMANGALAM VILLAGE. 2. P.N.KALESH, S/O.NARAYANAN, PUTHENPURAYIL HOUSE, PERUMBALLOOR P.O., MUVATTUPUZHA. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1995/06 ORDER ON IA No. 2218/06 IN MACA No.1995/06 DISMISSED 29.8.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1995 OF 2006 --------------------- Dated this the 29th day of August, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 505/02. The claimant sustained injuries in a road accident and the Tribunal awarded him a compensation of Rs.26,000/-. The Tribunal negatived the contention of the Insurance Company to exonerate it from the liability for want of driving licence to the driver. 2. A perusal of para 12 of the award would reveal that there was a contention for the Insurance Company that the driver was not duly licensed. The Tribunal arrived on a decision that Ext.A4 shows that the licence held by the driver was not valid on the date of the accident. There was also a petty case registered against him. As per the conditions of the policy, the driver is expected to have a valid and duly authorised licence as on the date of accident. If the licence has expired and it is renewed within 30 days, it may have validity. But in other cases, it has to be held that the driver did not have a valid and duly authroised driving licence to drive the vehicle. MACA No. 1995/06 2 When it is so, it is a breach of policy conditions and therefore the Insurance Company, though liable to pay to a third party, is entitled to get the amount from the owner of the vehicle. Therefore, the award passed by the Tribunal is modified and the Insurance Company is directed to deposit the amount ordered under the award and it is given the right to recover the said amount from the owner of the vehicle by execution of the very same award. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps MACA No. 1995/06 3