IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 1193 of 2005() -------------------------------- OPMV.821/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT: 3RD RESPONDENT: ------------------------------------------- THE MANAGER, NATIONAL INSURANCE COMPANY LIMITED, KASARAGOD NOW REPRESENTED BY ITS ASSISTANT MANAGER, RAGIONAL OFFICE, AJAY VIHAR, KOCHI-16. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENTS: PETITIONER AND RESPONDENTS 1 & 2: --------------------------------------------------------------------------------- 1. GOPI, W/O. KRISHNA MANIYANI, KORIKKANDA, ADOOR VILLAGE, URDOOR P.O., KASARAGOD TALUK. 2. ABDULLA, S/O. ABDUL RAHIMAN, ADUKKAM, ADOOR VILLAGE, URDOOR P.O., KASARAGOD TALUK. 3. ABDUL RAHIMAN, S/O. MOHAMMED K., KUTHAL HOUSE, ADOOR VILLAGE, URDOOR P.O., KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1193 OF 2005 = = = = = = = = = = = = = = = Dated this the 2nd 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, Kasaragod in O.P.(MV)821/01 whereby the insurance company has been directed to indemnify the owner. The grievance of the insurance company is that since the driver of the vehicle was not having a valid driving licence there is a breach of policy condition and so the insurance company is not liable to be indemnified. The Court below relying upon the decision reported in Swaran Singh's case, National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) held that the insurance company is bound to establish that the absence of the licence has been so fundamental as to the cause of the accident. In Swaran Singh's case the Apex Court has very clearly stated that to avoid its liability towards the insured the insurer has to prove that the insured was guilty of negligence and failed to exercise reasonable care in the M.A.C.A. 1193 OF 2005 -:2:- matter of fulfilling the condition of the policy regarding the use of vehicles by duly licensed driver or one who was not disqualified to drive at the relevant time. The Apex Court also held that it has to prove that the breaches of the condition of driving licence is/are so fundamental as are found to have contributed to the cause of the accident. The Apex Court further held that the insurance companies are bound to prove since they are claiming breach of policy conditions. The mere production of a copy of the policy and proof showing that there is no valid driving licence would not by itself establish those ingredients necessary mentioned in the Swaran Singh's case. Therefore I concur with the finding of the Tribunal and dismiss the appeal. M.N. KRISHNAN, JUDGE. ul/-