IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 MACA.No. 1220 of 2004() ----------------------- OPMV.916/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... APPELLANT/3RD RESPONDENT -------------------------------------- NATIONAL INSURANCE COMPANY LTD., 1ST FLOOR, RAMAYA NIVAS, FORT MAIDAN, PALAKKAD. BY ADV. SRI.RAJAN P.KALIYATH RESPONDENT(S): CLAIMANTS AND R1 AND 2 ------------------------------------- 1. MAYILAL W/O. LATE AYYAVA @ SUBRAMANIAN, AGED 27 YEARS, KARADIPPARA, KALAM, MOOLAKADU, VENNAMADAI POST, CHITTUR TALUK. 2. SELVARAJ, MINOR REP.BY HIS GUARDIAN, MOTHER MAYILAL, 1ST RESONDENT DO. 3. RAMATHAL, MINOR REPRESENTED BY HER GUARDIAN, MOTHER MAYILAL 1ST RESPONDENT DO. 4. KANNAN S/O. CHAMY, KUTTIPALAM, KANAKKANPARA, CHITTUR TALUK. 5. MUTHUSWAMY, S/O. SUPPANDI GOUNDER, KARUMANDA GOUNDANUR KALAM, VANNAMADA POST, KOZHINJAMPARA, VIA. CHITTUR TALUK. ADV. SRI.G.HARIHARAN FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A. 1220 of 2004 ------------------------------------------------------ Dated: JULY 14, 2010 JUDGMENT Barkath Ali, J. Appellant is the 3rd respondent Insurance Company in OP(MV) 916/1996 on the file of the Motor Accidents Claims Tribunal, Palakkad. The claimants who are the legal heirs of deceased Ayyavu filed the OP under sec.166 of the Motor Vehicles Act claiming a compensation of Rs.6,12,000/- for the loss caused to them on account of the death of the deceased in a motor accident. 2. Respondents 1 to 3 in the OP are the driver, owner and insurer of the offending vehicle. Only the 3rd respondent, insurer, contested the matter before the Tribunal, though admitted the policy. 3. Exts.A1 to A9 were marked on the side of the claimants before the Tribunal. On the side of the contesting 3rd respondent Exts.B1 to B4 were marked. On an appreciation of evidence the Tribunal awarded a total compensation of Rs.2,09,750/- with interest @ 9% per annum from the date of petition till realisation and a cost of Rs.500/-. The 3rd respondent Insurance Company has now come up in appeal contending that the 1st respondent, driver of the offending vehicle, had no valid driving licence at the time of the M.A.C.A. 1220 of 2004 2 accident, which amounts to breach of condition of the insurance policy and that therefore the Tribunal should have given the appellant the right to recover the compensation amount from respondents 1 and 2 in the OP i.e. the driver and owner of the offending vehicle. 4. Before the Tribunal, though notice was given, respondents 1 and 2 in the OP did not produce the driving licence of the 1st respondent. Even in this appeal the 5th respondent, owner of the offending vehicle, though entered appearance through counsel, did not produce the driving licence of the 1st respondent. Therefore an adverse inference has to be taken to the effect that the 1st respondent in the OP, the driver, had no valid driving licence at the time of the accident, which amounts to breach of condition of the insurance policy. That being so, the appellant Insurance Company is entitled to recover the compensation amount awarded by the Tribunal from respondents 4 and 5 in this appeal who are respondents 1 and 2 in the OP. In the result the appeal is disposed of as found above granting the appellant/Insurance Company the right to recover the compensation amount from respondents 4 and 5 in this appeal who are respondents 1 and 2 in the OP. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/- M.A.C.A. 1220 of 2004 3