IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 MACA.No. 755 of 2003(P) ----------------------- OPMV.776/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, N. PARAVUR .................... APPELLANT/PETITIONER: ---------------------------------- SHEENA C.J., W/O. ANTONY, CHERIYAPATTAPARAMBIL HOUSE, KARUTHEDAM, MALIPPURAM P.O. BY ADV. SRI.K.I.ABDUL RASHEED RESPONDENTS: RESPONDENTS: ------------------------- 1. MAHILAMANI P.M., PALLATHU HOUSE, CHOWARA, ERNAKULAM DISTRICT. 2. DILEEP, S/O. SURBAN, KUNJUVEETTIL, ELAMKUNNAPUZHA. 3. THE UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, NO.III, SHARANYA, HOSPITAL ROAD, ERNAKULAM-682 011. BY ADV. SMT.P.A.REZIYA FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 755 OF 2003 = = = = = = = = = = = = = = = Dated this the 18th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)766/00. The Claims Tribunal awarded a compensation of Rs.7,500/- with 9% interest and directed respondents 1 and 2 in the claim petition to deposit the amount and exonerated the insurance company from the liability. It is against that decision, the claimant has come in appeal. There is no dispute that the claimant was a passenger in the auto rickshaw. Her right to get compensation cannot be denied. It is also proved that the driver of the vehicle did not have an effective valid driving licence to drive the vehicle. So it has to be stated that there is a breach of policy conditions. When there is a breach of policy condition, as held in Swaran Singh's case National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781), a third party has to be compensated by the insurance company and it can M.A.C.A. 755 OF 2003 -:2:- recover it from the owner of the vehicle. Unfortunately, in this case the Tribunal has totally exonerated the insurance company from the liability. Therefore it requires modification. In the result the MACA is partly allowed and the insurance company is directed to deposit the award amount within a period of sixty days from the date of receipt of a copy of the judgment and on satisfaction of the award, get it reimbursed from the owner of the vehicle by execution of the same award. M.N. KRISHNAN, JUDGE. ul/-