IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 460 of 2009(C) --------------------------------- OPMV.286/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA ............................................ APPELLANT(S): RESPONDENT NO.1 --------------------------------------------------- K.O. YACOB, KALPILLIKUNNATHU HOUSE, RAMAMANGALAM.P.O. BY ADV. SRI.K.JAJU BABU RESPONDENT(S): PETITIONERAND RESPONDENTS 2 & 3 --------------------------------------------------------------------------------- 1. P.K. RAJAN, S/O. KANNAN, AGED 51 YEARS, PATHADY HOUSE, KULAITTIKKARA.P.O. 2. PARAMESWARAN, S/O. NARAYANAN, KALAYIL HOUSE, KEECHERI.P.O. 3. THE UNITED INDIA INSURANCE CO. LTD., MUVATTUPUZHA. ADV. SRI.P.P.JACOB FOR R2 SRI.P.JAYASANKAR FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 460 OF 2009 = = = = = = = = = = = = = = = Dated this the 22nd day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)286/03. The appellant is the owner of the auto rickshaw. The Tribunal found that the owner did not produce any proper vehicular documents to establish that it was in a road worthy condition to ply the vehicle or there was a permit. The Tribunal has discussed these matters in paragraph 14 of the award. In spite of notice to produce the fitness certificate the owner did not produce the same. He did not produce the permit also. The insurance policy only covers a situation when there is proper permit or fitness certificate to ply the vehicle. So it is a policy condition. Here no such materials are available to establish the same. So it has to be held that there is breach of policy condition. When there is breach of policy condition, being a third party the claimant is entitled to recover the amount from the insurance company and an M.A.C.A. 460 OF 2009 -:2:- order was granted for reimbursement of the amount from the owner. It is perfectly in order and therefore the award does not suffer from any infirmity and so the appeal is dismissed. M.N. KRISHNAN, JUDGE. ul/-