IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 MACA.No. 2039 of 2007() ----------------------- OPMV.2565/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT IST RESPONDENT: ------------------------------------------------ THE MANAGING PARTNER, M/S. KERALA TRANSPORT COMPANY, Y.M.C.A. ROAD, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENT(S)(PETITIONER & RESPONDENTS 2 AND 3: --------------------------------------------------------------------------------------- 1. JOY K.K., S/O. KURIAN, RESIDING AT KUDILIL HOUSE, KARUKAPPILLY, ELAMAKKARA P.O. 2. THILAKAN, RESIDING AT ALAKAPARAMBIL HOUSE, KANDANAD KARA, MANAKUNNAM VILLAGE, VIA TRIPUNITHURA. 3. THE NEW INDIAN ASSURANCE COMPANY LTD., KOZHIKODE. ADV. SRI.P.G.GANAPPAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21/10/2008 ALONG WITH MACA NO. 283 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON I.A.NO.2605/2007 IN M.A.C.A.NO.2039/2007 DISMISSED 21/10/2008 SD/- J.B.KOSHY, JUDGE SD/- K.P.BALACHANDRAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.Nos.2039 of 2007 and 283 of 2008 ------------------------------------- Dated 21st October, 2008 JUDGMENT Koshy,J . The bus bearing registration No.KL-11/F-4469 owned by the appellant Kerala Transport Company involved in an accident on 17.8.1997 when the bus hit on a scooter as a result of which the rider and pillion rider of the scooter sustained injuries. The Tribunal awarded a compensation finding that driver of the appellant was negligent and also directed the insurance company of the bus to pay the compensation. It was also held by the Tribunal that since the driver was not having a valid driving licence, insurance company is entitled to recover the amount deposited from the insured appellant. The appellant was ex- parte before the Tribunal. It is the case of the appellant since there was a valid insurance policy, they did not appear and insurance company alone conducted the case. When the insurance company has taken steps to recover the amount, the appellant approached this court contending that the driver of the vehicle had valid driving licence at the time of the accident. Photocopy of the above licence was produced along with I.A.No.2673 of 2008. The original of the licence with valid badge were produced before us. We have perused the same. It was perused by the MACA.2039/2007 & 283/2008 2 counsel for the insurance company also in open court. The accidet occurred on 17.8.1997. The licence shows that it was issued originally in 1991 and it was being renewed from time to time till 20.5.2006. As per one endorsement, the licence was seen renewed on 16.8.1997, prior to the date of the accident, till 20.6.2000. The badge was also produced along with the licence to show that he is entitled to drive a public transport vehicle. In the above circumstances, there is no violation of policy condition and we are of the view that the appellant is entitled to indemnity from the insurance company for the third party liability and direction of the Tribunal to recover the amount from the appellant due to violation of policy conditions is set aside. Both appeals are allowed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks