IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 MACA.No. 466 of 2009(C) ----------------------------- OPMV.3785/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S)/1ST RESPONDENT: ----------------------------------------- C.P.PONNAPPAN CHATTIPARAMBIL HOUSE, T.V.PURAM, VAIKOM, KOTTAYAM. BY ADV. SRI.M.R.SASITH SRI.M.R.SARIN RESPONDENT(S)/ PETITIONER & RESPONDENTS 2 & 3: --------------------------------------------------------------- 1. SANKARANKUTTY, AGED 60, KOOMBEL HOUSE, CHEMBU, VAIKOM, KOTTAYAM. 2. JIJIMON, INJACHAKKAL, VADAKKEMURI VILLAGE, VAIKOM, KOTTAYAM. 3. NEW INDIA ASSURANCE COMPANY, CHANDRIKA BUILDING, M.G.ROAD, KOCHI-682011. ADV. SRI.K.REGHU KOTTAPPURAM FOR R2 SRI.R.MAHESH (KOTTAPPURAM) FOR R2 SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 466 OF 2009 = = = = = = = = = = = = = = = Dated this the 23rd day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)3785/98. The owner of the vehicle has come up in appeal challenging the finding of the Tribunal which had given a finding in favour of the insurance company to recover the amount from the registered owner for the reason that the driver did not have a valid driving licence on the date of the accident. 2. Learned counsel for the appellant and the insurance company were heard. It is very strongly submitted that the driver did have a valid driving licence but it had expired at the time of the accident and that it has been renewed thereafter and so there was really no disqualification for the person to drive a vehicle and so there is no violation of policy conditions. M.A.C.A. 466 OF 2009 -:2:- 3. Now the matter is squarely settled by very many decisions of this Court as well as of the Hon'ble Supreme Court. In one of the latest decisions reported in National Insurance C. Ltd. v. Vidhyadhar Mahariwala (2008 (12) SCC 701) the very same aspect has been considered by the Hon'ble Supreme Court. The Apex Court held that when the driver did not have a valid driving licence on the date of accident but it has been renewed after such date it was held that unless it is renewed within the grace period of 30 days, the licence so renewed will not have any retrospective effect but will have only from the date of renewal. Or in other words it has to be held that there was no valid driving licence for the person on the date of accident. When there is no valid driving licence for the person on the date of accident it amounts to breach of policy conditions and the order of the Tribunal directing he M.A.C.A. 466 OF 2009 -:3:- insurance company to get it reimbursed from the owner cannot be said to be incorrect or illegal. Therefore the award does not suffer from any infirmity and so the appeal is devoid of merits and the same is dismissed. M.N. KRISHNAN, JUDGE. ul/-