IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 M.A.C.A.No. 1493 of 2006(G) ----------------------- OP(MV).311/1995 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... APPELLANT/1ST RESPONDENT: ------------------------- C.J.CHACKO, S/O. C.T.JOSEPH, M/S. C.J.T.STORES (CHENNITHALA HOUSE), THIRUVALLA, PERUNNA MURI, PERUNNA VILLAGE, CHANGANACHERRY. BY ADV. SMT.M.R.SREELATHA SMT.BEENA K.M. RESPONDENTS/PETITIONER/RESPONDENTS NO.2 & 3: --------------------------------------------- 1. DEVAKI, KUNNUKANDATHIL HOUSE, KEEZHVANMAZHY MURI, PANDANAD VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DIST. 2. RAVI T.K., THITTAPPALLIL, KATTUKARA, THIRUVALLA. 3. THE MANAGER, NATIONAL INSURANCE CO. LTD., THIRUVALLA. BY ADV. SRI.JOE KALLIATH - R3 SRI.N.ASHOK KUMAR - R1 SMT.MARIAMMA KOSHY - R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A.No. 1493 / 2006 ORDER ON I.A. 1727 OF 2006 IN M.A.C.A.NO.1493 OF 2006 DISMISSED SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A. TO JUDGE scm M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1493 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of July, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Mavelikkara in O.P.(MV)311/95. The owner of the vehicle involved in the accident is the appellant before me. It is submitted by the owner's counsel that immediately after the accident the driving licence has been renewed and a photocopy of the licence is produced herewith. But one thing remains clear that he did not have a valid driving licence on that day. But whether the absence of a valid driving licence alone shall be sufficient to exonerate the insurance company from indemnifying the insurer. In the decision reported in Swaran Singh's case, National Insurance Co. Ltd. v. Swaran Singh (2004 (1) KLT 781) the Apex Court in paragraph 102, (iii) and (vi) had dealt with the situation and it held that the vehicle should have been consciously entrusted by the owner to the driver knowing that there was no licence and secondly the very M.A.C.A. 1493 OF 2006 -:2:- absence of a licence is not sufficient but there must be materials to establish that it was so fundamental of a character that was responsible for the accident. But, unfortunately, this decision was not available before the Tribunal when it disposed of the matter in 2003. So the matter requires reconsideration. Therefore the award so far as it relates to the interse liability between the insurer and the insured has to be reexamined and therefore the matter is remitted back and the Tribunal is directed to permit the present appellant to file a written statement and adduce evidence and thereafter give equal opportunity to the insurance company as well to adduce evidence in support of its contention and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 27.8.08. M.N. KRISHNAN, JUDGE. ul/-