IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 MACA.No. 440 of 2007() ---------------------- OPMV.1508/2000 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/2ND RESPONDENT: ---------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., TALIPARAMBA, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT/1ST RESPONDENT: ------------------------------------------------- AYYARAKATH HAMZA, S/O.MUHAMMAD, NADUVIL AMSOM, PURANHAN, P.O.NADUVIL. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 440 OF 2007 = = = = = = = = = = = = = = = Dated this the 5th day of November, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)1508/00. The respondent, in spite of notice, has chosen to remain exparte. He did not appear before the Tribunal as well. The claimant has been awarded a compensation of Rs.99,350/- and a direction is given to the insurance company to pay the amount. In paragraph 11 of the award the Tribunal has stated that the insurance company filed an application to cause production of driving licence and no steps were taken to issue summons to the first respondent in the claim petition and therefore the petition was dismissed. It is a matter which requires consideration and if there is no valid driving licence and there is breach of policy conditions then the insurance company may be entitled to realise the amount from the owner. Therefore I am inclined to grant an opportunity to the insurance company to prove the same. M.A.C.A. 440 OF 2007 -:2:- So the award under challenge is set aside so far as it relates to the liability of the insurance company. The insurance company is permitted to produce documentary as well as oral evidence in support of its contention. Presence of the claimant need not be insisted for the reason that at any rate the insurance company is bound to pay the amount and get it reimbursed even if ultimately it succeeds. For effective adjudication the insurance company on appearance shall take out notice to the owner so that the matter may be disposed of on merits after giving him an opportunity also. Parties are directed to appear before the Tribunal on 17.12.08. M.N. KRISHNAN, JUDGE. ul/-