IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 MACA.No. 2114 of 2009() ----------------------- OPMV.2995/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): ADDL.4TH RESPONDENT IN OPMV ----------------------------------------- K.P.VARGHESE, S/O. PYLOTH, KONIKKARA HOUSE, MANAKULANGARA, P.O.KODAKARA, THRISSUR. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS 2 & 3 IN OPMV ---------------------------------------- 1. T.K. MANOJ, S/O.KUMARAN, THAIVALAPPIL HOUSE, THELAPPILLY P.O.,MADAIKONAM, THRISSUR DISTRICT. 2. THE NATIONAL INSURANCE CO.LTD. BRANCH OFFICE, THRISSUR. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 2114 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)2995/00. The claimant has been awarded a compensation of Rs.10,350/- and the insurance company was directed to deposit the amount and realise it from the 4th respondent since there was breach of policy conditions namely absence of proper driving licence for the driver. The vehicle involved in the accident is a bus and therefore there must be a proper licence to drive a transport vehicle. Along with the memorandum of appeal the appellant has produced Annexure 1 which indicates that there was a licence issued on 27.8.94 and badge was issued on 11.11.1996. Normally the licence and badge at least will be for a minimum period of three years and if it is true then on the date of accident that is on 8.6.1997 there may be a proper licence for the driver. But since only a photocopy of M.A.C.A. 2114 OF 2009 -:2:- the document is produced it has become necessary for this Court to remit the case to find out whether there was a valid proper driving licence on the date of the accident so as to exonerate the owner from making repayment of the amount ordered by the Tribunal. Therefore the award under challenge is set aside so far as it relates to the interse liability between the owner and the insurance company is concerned and it is remitted back with a direction to the owner and driver to produce the original of the driving licence and convince the Court regarding the correctness of the same. Needless to say the insurance company can also adduce evidence in support of its contentions. Parties are directed to appear before the Tribunal on 15.12.2009. M.N. KRISHNAN, JUDGE. ul/-