IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 MACA.No. 1512 of 2006() ----------------------- OPMV.1908/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/2ND RESPONDENT -------------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, ANGAMALY NOW REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT(S): 1ST RESPONDENT ----------------------------- M.J.PAULSON, S/O.JOSEPH, MULAVARICKAL PALLIPPADAN HOUSE, THURAVUR P.O., ANGAMALY. ADV. SRI.K.V.SOHAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & C. K. ABDUL REHIM, JJ. -------------------------------------------- M.A.C.A. No.1512 OF 2006 -------------------------------------------- Dated this the 12th day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed by the insurance company challenging the award of MACT declining to consider their right to recover compensation from the registered owner as according to insurance company vehicle at the time of the accident was driven by a person who did not have valid licence. Counsel for the contesting respondent submitted that driver had a learner's licence which is sufficient to get indemnity from the insurance company for the registered owner. It is seen that registered owner remained exparte before the MACT. We uphold the contention of the insurance company that it was the duty of the registered owner to produce the licence to get the benefit of the policy and since he did not do that, MACT was bound to authorise the insurance company to proceed for recovery against the registered owner. However, since the registered owner remained exparte, we give an opportunity to the 2 registered owner to produce licence before the MACT failing which MACT will authorise the insurance company to recover the amount from the registered owner. The question whether driver had a valid licence or at least learner's licence and other connected issues will be considered by the MACT. We therefore allow the appeal by setting aside the award only for this purpose and direct the MACT to consider the matter afresh and pass orders within three months from the date of production of a copy of this judgment and after giving an opportunity to the insurance company as well as to the registered owner. If the registered owner fails to appear and discharge his burden then MACT will authorise recovery against him. (C.N.RAMACHANDRAN NAIR) Judge. (C.K. ABDUL REHIM) Judge. kk 3