IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 MFA.No. 922 of 2002(E) ---------------------- AGAINST THE ORDER DATED 05/08/2000 IN OPMV.248/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT: 3RD RESPONDENT IN O.P(MV) NO.248/96: ----------------------------------------------------------------- NATIONAL INSURANCE COMPANY, DIVISIONAL OFFICE, ST.JOSEPH'S PRESS BUILDING, VAZHUTHACADU, THIRUVANANTHAPURAM, REPRESENTED BY ITS ASSISTANT ADMINISTRATIVE OFFICER, MOTOR THIRD PARTY CLAIMS SECTION, AJAY VIHAR, M.G. ROAD, ERNAKULAM. BY ADV. SRI.LAL GEORGE SRI.R.PRAVEEN RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 IN THE O.P. (MV): ----------------------------------------------------------------------------- 1. S. RAJEEV KUMAR (MINOR) REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN N. SUNDARESAN PILLAI, S/O. LATE NEELAKANTA PILLAI, RAJEEV BHAVAN, CHEMPOORU, MUDAKKAL P.O., AVANAVANCHERRY, THIRUVANANTHAPURAM. 2. SMT. K. BEENA, PALLIKKAVALA, VAKKAM P.O., ATTINGAL, THIRUVANANTHAPURAM. 3. BIJU KUMAR. S., S/O. SURENDRAN PILLAI, PAZHAYAMPALLY VEEDU, ELAPPURAM, KEEZHATTINGAL, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.NAIR AJAY KRISHNAN FOR R1 SRIRAJAN VELLOTH FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.ABHILASH.K.S. FOR R1 SRI.M.R.RAJESH FOR R2 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 20/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dvs J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- M.F.A.No.922 OF 2002 and C.M.P.No.5547 of 2002 ------------------------------------- Dated 20th June, 2008 JUDGMENT Koshy,J . This appeal is filed with a long delay of 352 days. Contention of the insurance company is that at the time of the accident driver of the insured vehicle has no valid driving licence. It is not disputed that he had a valid driving licence before the accident and it was subsequently renewed. No evidence was adduced to show that the insured was negligent in engaging the driver or absence of driving licence is the cause of accident. In this connection, we refer to paragraph 105 of the decision in National Insurance Company v. Swaran Singh and others (AIR 2004 SC 1531). We also refer to the Full Bench decision in Oriental Insurance Co. Ltd. v. Paulose (2004 (1) KLT 8 (FB)). Here, there is no fundamental breach of policy conditions. Learned counsel for the Insurance company referred to the decision in Ishwar Chandra v. Oriental Insurance Company Ltd. ((2007) 10 SCC 650). But, as far as the facts of this case are concerned, no evidence is adduced by the insurance company to show that owner was negligent in engaging the driver. In any event, we note that no grounds are stated for MFA.922/2002 2 condoning the long delay. The only reason stated for the delay is the delay in consultation with various advocates. The dates are not mentioned. Since the long delay was not explained satisfactorily, the delay condonation petition is dismissed. Consequently, the appeal is also dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks