IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 MACA.No. 1237 of 2007(A) ----------------------- OPMV.45/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/3RD RESPONDENT --------------------------------------- NATIONAL INSURANCE COMPANY LTD., MANJERI. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENTS: PETITIONER & RESPONDENTS 1 & 2 ------------------------------------------------------ 1. AYISHA, AGED 45 YEARS/2003, W/O. PARAMBADAN SADAKKATH, KOOTTILAGADI, PERINTHAITTIRI POST. 2. MALAPPURAM SHAIHAB @ SHIHABUDEEN, S/O. ALIYAPPU, MAYILAPPURAM HOUSE, KOOTTILANGADI AMSOM, POST PERINTATTIRI. 3. M.MAMMU, S/O. AHAMMEDKUTTY, MAYILAPPURAM HOUSE, PERINTHATTIRI POST, KOOTTILANGADI. BY ADV. SRI.K.HARILAL FOR R1 SRI.R.GOPAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1237 OF 2007 = = = = = = = = = = = = = = = Dated this the 2nd 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, Manjeri in O.P.(MV)45/03. The claimant sustained injuries in a road accident and she has been awarded a compensation of Rs.21,300/- and the insurance company is directed to pay the amount. The contention of the insurance company is that the vehicle was insured as a private vehicle but was being used as a taxi and therefore there was breach of policy conditions and so the insurance company is entitled to get the right of reimbursement. The owner, in spite of notice, had not appeared before the Court below. Difficulty now is the Tribunal below has not considered this question at all. Therefore the matter requires reconsideration so far as it relates to the right of recovery is concerned. Therefore the award under challenge is partly set aside and the matter is remitted back to the Tribunal for consideration of the M.A.C.A. 1237 OF 2007 -:2:- contention of the insurance company that it is liable to get reimbursement from the owner on account of the breach of policy conditions committed by the owner of the vehicle. I will make it clear that the insurance company is bound to pay the compensation to the claimant at any rate and the question of reimbursement is the factum to be considered. The parties are directed to appear before the Tribunal on 21.10.08. Since the owner has not appeared before this Court, the insurance company is directed to take out notice from the Tribunal after its appearance and then the matter to be disposed of in accordance with law. The MACA is disposed of accordingly. Sd/- M.N. KRISHNAN, JUDGE. ul/- // true copy // P.A. To Judge.