IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 MACA.No. 1891 of 2008() ----------------------- OPMV.1079/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/ 3RD RESPONDENT ------------------------------------- UNITED INDIA INSURANCE CO.LTD., KALLAI R OAD, KOZHIKODE. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT/ PETITIONER & RESPONDENTS 1 & 2 --------------------------------------------------------- 1. SARADHA, W/O.RARACHAN, KUZHUMBIL HOUSE IRINGATH PO., PAYYOLI, KOZHIKODE 2. ASHOKAN.N.K., S/O.KUMARAN NIRTHUMBATH MEETHAL HOUSE, PO., MANIYOOR, PAYYOLI, KOZHIKODE. 3. BINDU.K.S., S/O.NARAYANAN, KOLLAROTH VEEDU, ATHIKKODE THAZHAM, MEEPPAYOOR PO. KOZHIKODE. ADV. SRI.ZUBAIR PULIKKOOL FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA No. 1891/08 ORDER ON IA No. 2250/08 IN MACA No.1891/08 DISMISSED 23.10.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- M.A.C.A No. 1891 OF 2008 --------------------- Dated this the 23rd day of October, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Vadakara, in OP(MV) 1079/2005. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.41,200/- and negatived the contention of the Insurance Company regarding the absence of a driving licence and directed the Insurance Company to pay the amount. 2. Learned counsel for the Insurance Company submits before me that in spite of absence of the owner and driver, two application were filed namely I.A. Nos. 596 and 597of 2006. One is to direct the respondents 1&2 in the claim petition to produce necessary documents and the other to the licencing authority to produce the relevant documents. A reply was received from the licencing authority to the effect that there was a licence with badge only from 16.2.06 onwards where as the accident had taken place on 9.4.05. The owner of the vehicle had entered appearance before this court. He prays for an opportunity to establish his case. If really there is a badge and driving licence then necessarily the Insurance Company will be liable. In the absence of the driving licence and badge, the owner may have to reimburse the Insurance Company for the breach of policy conditions. Therefore I am inclined to grant an opportunity to the MACA No. 1891/08 2 owner. 3. The award under challenge is set aside so far as it relates to the liability cast on the Insurance Company without the right for reimbursement. I also permit the owner of the vehicle to file a written statement after getting his ex parte order set aside and then to produce relevant documents and adduce evidence in support of the contention regarding the non breach of policy conditions. Needless to say that the Insurance Company is also permitted to produce additional documents. At any rate the Insurance Company has to deposit the amount due to the claimant which can be disbursed to the claimant. The presence of the claimant need not be insisted for disposal of the case. I make it very clear that if there is a breach of policy condition it goes with out saying that reimbursement has to be ordered from the owner of the vehicle to the Insurance Company . Parties are directed to appear before the Tribunal on 10.12.08. M.N.KRISHNAN, JUDGE vps MACA No. 1891/08 3