IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 MACA.No. 882 of 2006(G) --------------------------------- OPMV.17/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): /3RD RESPONDENT. --------------------------------------- NATIONAL INSURANCE COMPANY LTD., REP. BY ITS MANAGER, KOCHI REGIONAL OFFICE, T.P.CELL. M.G.ROAD, ERNAKULAM. BY ADV. SRI.P.R.RAMACHANDRA MENON RESPONDENT(S): PETITIONER & RESPONDENTS 1 AND 2: ------------------------------------------------------------------- 1. RAJINA THIDIL, AGD ABOUT 21 YEARS, D/O.A.G. MUHAMMED KUNHI, KALIKKADAVU, A.G.HOUSE, PILICODE VILLAGE, HOSDURG TALUK, KASARAGOD DIST. 2. N.MUHAMMED ASHARAF KUNHI, AGED ABOUT 35 YEARS, R/A.AISHA MANZIL, VDAKKUMBADU, THRIKKARIPPUR VILLAGE. 3. M.IBRAHIM, S/O.MUHAMMED, R/A. P.O. KOTTODI, VIA RAJAPURAM, KASARAGOD DISTRICT. ADV. SRI.T.K.VIPINDAS FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 882 OF 2006 = = = = = = = = = = = = = = = Dated this the 19th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kasaragod in O.P.(MV)17/02. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.23,400/- and made the insurance company liable to pay the compensation. The insurance company has come up in appeal challenging the finding of the Tribunal on the question of its liability. Unfortunately, the Tribunal has not considered the pleadings raised in the written statement. In paragraph 4 of the written statement there is a specific contention that the first respondent was not having any valid driving licence to drive the motorcycle and thereby had committed violation of the policy conditions. It is submitted that an interim application was also filed calling upon the owner cum driver to produce the driving licence as I.A.1633/03. The Tribunal did not consider that application even. So it is matter where the M.A.C.A. 882 OF 2006 -:2:- Tribunal has to adjudicate whether there has been any breach of policy conditions. Therefore the matter requires reconsideration on that point. So the award under challenge is set aside so far as it relates to the interse dispute between the insurance company and the insured is concerned and the Tribunal is directed to frame appropriate issue and answer the question whether the insurance company is entitled to right of recovery if there is no driving licence as there is breach of policy conditions. But the insurance company has to pay the amount to the claimant and the junction of the claimant need not be insisted in the proceedings before the Tribunal. Further the insurance company is permitted to produce both documentary as well as oral evidence in support of their respective contentions and it is also directed to take out notice to the owner of the vehicle after it enters appearance before the Tribunal for proper adjudication. Parties are directed to appear before the Tribunal on 22.1.09 and the amount deposited shall be disbursed to the claimant. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-