IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 MACA.No. 334 of 2003(B) ------------------------------- OPMV.227/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................... APPELLANT/PETITIONER : ------------------------------- K.B.SIVADASAN, S/O. BHASKARAN, KOMARASSERRY HOUSE, PATTANAM, VADAKKEKARA. BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) SRI.MATHEWS V.JACOB (PARAVUR) SRI.N.T.NANDAKUMAR (PARAVUR) RESPONDENTS/RESPONDENTS 1, 2 & 4 : ------------------------------------------------- 1. SANTHOSH K.R., KALAKKASSERIL HOUSE, ORAVANTHURUTH, VADAKKEKARA P.O., NORTH PARUR. 2. MURALI, S/O. SUBRAMONIYAN, KAVANIYATTU HOUSE, VALIYAPALLANTHURUTH, PARAVUR. 3. NATIONAL INSURANCE CO. LTD., ALUVA DIVISIONAL OFFICE, P.B. NO.83, ALUVA. ADV. SRI.RAJAN P.KALIYATH, SC, NIC THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/09/2008, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 334 OF 2003 --------------------- Dated this the 25th day of September, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, North Paravur, in OP(MV) 227/99. The point that is raised for consideration in the appeal is regarding the total exoneration of the 4th respondent in the claim petition from the liability. 2. The exoneration is done by the Tribunal on account of the factum of non possession of valid driving licence by the driver. So even if it is proved, it will only amount to breach of policy conditions and therefore in the light of the dictum laid down in National Insurance Co. Ltd. v. Swaran Singh [2004 (1) KLT 781 (SC)], the Insurance Company is bound to pay the compensation to the claimant third party and realise it from the owner of the vehicle. Therefore, the award passed by the Tribunal is modified and the 4th respondent Insurance Company in the claim petition is directed to deposit the amount due to the claimant and on satisfaction of the award, the Insurance Company shall proceed to realise it from respondents 1 and 2 in the claim petition jointly and severally by executing the very same award. The appeal is disposed of accordingly. M.N.KRISHNAN, JUDGE vps 2