IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 MACA.No. 760 of 2009() ---------------------- OPMV.1298/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): -------------- THE ORIENTAL INSURANCE CO. LTD., KOTHAMANGALAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI -18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------- 1. P.P. KUNJACHEN, PUTHUKUNNEL HOUSE, KAVULANGADU P.O., NERIYAMANGALAM. 2. ELDHOSE, S/O. KUNJAPPAN, PUTHUKUNNEL HOUSE, KAVALANGADU P.O., NERIYAMANGALAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 17/12/2009 ALONG WITH WPC NO. 14559 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.760 OF 2009 & W.P.(C)NO.14559 OF 2009 ............................................. Dated this the 17th day of December, 2009 J U D G M E N T MACA.No.760/2009 is preferred against the award of the Claims Tribunal, Muvattupuzha in OP(MV).No.1298/2004 and the writ petition is preferred against the awards in OP (MV)Nos.1364/2004, 258/2005, 596/2005, 637/2006 and 666/2005 of the Motor Accidents Claim Tribunal, Muvattupuzha. In OP(MV)No.1298/2004 Rs.27,000/= was awarded. In OP(MV)No.1364/2004 and the other original petitions mentioned above Rs.4,000/=,Rs.6,325/=, Rs.4,000/=, Rs.3,500/= and Rs.3,500/= were awarded respectively. These petitions were disposed of along with OP(MV)Nos.573/2005 and 587/2005. Appeals were preferred against those awards as MACA.Nos.848/2009 and 849/2009. By a judgment dated 12.11.2009, I have disposed of the said appeals modifying the award of the Tribunal and casting liability on the owner to repay the amount to the insurance company. : 2 : M.A.C.A.No.760 OF 2009 & W.P.(C)NO.14559 OF 2009 2. The contention raised by the insurance company in all these appeals are that the driver of the jeep which was used as a transport vehicle did not have the requisite driving licence to drive the said vehicle and therefore, there is a fundamental breach of the policy conditions and the insurance company should be at least entitled to get reimbursement of the amount paid. 3. I had considered this question very much in detail in the other two appeals referred to above and I have also observed that the driver did not have the effective valid driving licence to drive the transport vehicle on the date of the accident. Relationship of the driver and the owner is that of father and son. The father certainly should have been conscious of the fact that the son did not possess the requisite licence. So, I find that there was knowledge for the owner of the vehicle to entrust the vehicle to a person who did not possess a valid driving licence. Therefore by following the dictum in National Insurance Co. Ltd. v. Swaran Singh [2004 (1) KLT 781 (SC)], I direct the : 3 : M.A.C.A.No.760 OF 2009 & W.P.(C)NO.14559 OF 2009 insurance company to pay the amount to the third party namely the claimant and then get it recovered from the owner. I also hold that the insurance company shall not take any coercive steps to recover the amount for a period of 4 months from today. Therefore, the appeal and the writ petitions are disposed of as follows: The award passed by the Tribunal is modified and the insurance company is given the recovery right and the owner is directed to reimburse the amount to the insurance company. The insurance company is directed to not to take coercive steps for a period of 4 months from today so as to enable the owner to pay the amount. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.760 OF 2009 & W.P.(C)NO.14559 OF 2009