IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 MACA.No. 1255 of 2008() --------------------------------- OPMV.564/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): RESPONDENT NO.3 ----------------------- THE BRANCH MANAGER, M/S.NEW INDIA ASSURANCE CO. LTD., SOUTH BAZAR.P.O, PAYYANNUR, NOW REP. BY ITS DEPUTY MANAGER AND AUTHORISED SIGNATORY, NEW INDIA ASSURANCE CO. LTD. REGIONAL OFFICE, KANDAMKULATHIL BLDGS., M.G. ROAD, ERNAKULAM DT. BY ADV. SRI.S.MAMMU RESPONDENT(S): PETITIONER AND RESPONDENT NO.1,2 AND 5 -------------------------- 1. P.P. MADHUSOODHANAN, S/O. LATE N.V. KRISHNAN, PADINHARE PURAYIL HOUSE, CHENGAL, PAYANGADI.P.O, KANNUR DT. 2. N. BALAKRISHNAN, S/O.N.K. KARTHIYANI, CHERUTHAAZHAM, MANDOOR.P.O, PAYANGADI VIA, KANNUR DT. 3. THAZHEKURUNTHIL UDAYAKUMAR, S/O. BHARATHAN, KANICHIRA, THAIKADAPPURAM.P.O., NEELESWAR VIA, KASARAGOD DT. NOW RESIDING AT KOVAPPURAM, RAMANTHALI.P.O, KANNUR DT. ADDL. R4. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM. 5. THATYAMBATH VIJAYAN, S/O. PUTHIYA PURAYIL NARAYANAN, CHENGALAM, MATHAMANGALAM.P.O, KANNUR DT. ADDL. R4 ADV. MR.K.PRABHAKARAN, SC, K.S.R.T.C. R2 BY ADV. MR.M.SASINDRAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/01/2009, ALONG WITH MACA. NO.1258 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== MACA Nos.1255 & 1258 OF 2008 ===================== Dated this the 27th day of January 2009 JUDGMENT These appeals are preferred against the common award passed by the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.564 & 757 of 2001 respectively. The appellant is M/s.New India Assurance Co.Ltd., was the 3rd respondent before the Tribunal. The definite contention therein was that there was no valid driving license for the driver and therefore it amounts to breach of policy conditions. The Tribunal did not consider it on the ground that though an additional written statement was filed, no petition was filed to receive the same. In the connected appeal, M.A.C.A.No.1245 of 2008, I had taken a view that the matter requires reconsideration. Therefore on the very same basis, I set aside the award under challenge and remit the matters to the Tribunal for fresh consideration and the insurance company shall file an application for acceptance of the additional written statement. There is also a direction to take out notice to the owner after its appearance before the Tribunal. Parties are directed to appear before the Tribunal on MACAs 1255 & 1258/2008 -:2:- 26.2.2009. MACAs are disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-