IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 MACA.No. 2830 of 2008() --------------------------------- OPMV.1594/2002 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/ 3RD RESPONDENT ----------------------------------------------- UNITED INDIA INSURANCE CO. LTD., TANA, IRINJALAKUDA BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER AND RESPONDENTS 1 AND 2 -------------------------------------------------------------------------------------- 1. SAMBODHARAN, S/O. SREELAKAKTH KOCHUKUTTY, P.O. ANANTHA PURAM, THRISSUR. 2. MANOJ.M.U, S/O. MUTHIRAPARAMBIL UNNICHIKKEN, KARUVANNUR, THRISSUR. 3. BABU, S/O. MULANGATH KRISHNANKUTTY, MURIYAD, THRISSUR. ADV. SRI.RAJESH CHAKYAT FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MACA.No. 2830 of 2008 I.A No. 3286 of 2008 IN MACA.No. 2830 of 2008 DISMISSED SD/- M.N.KRISHNAN,JUDGE 28.1.2009 // TRUE COPY // PA TO JUDGE rhs M.N. KRISHNAN, J ----------------------- M.A.C.A.No. 2830 OF 2008 --------------------------------- Dated this the 28th day of January, 2009 JUDGMENT This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1594/2002. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs. 36,850/- with a direction to the Insurance Company to pay the amount. It is against that decision the Insurance Company has come up in appeal. 2. The learned counsel for the Insurance Company strongly contends before me that the tribunal committed a mistake in not ordering at least reimbursement of the amount when the vehicle was driven by a person without a valid driving licence. A perusal of the award would reveal that before the tribunal the Insurance Company moved an application for a direction to the driver to produce the licence. Though it was allowed as he has chosen to remain exparte it was not carried out. The charge sheet produced did reveal that there was no charge for driving the vehicle without driving licence. Whatever it may be, it is a positive factor that has to be proved before arriving at a decision regarding breach of policy M.A.C.A. 2830/2008 -2- conditions. Therefore I am inclined to grant an opportunity and therefore the award under challenge is set aside so far as it relates to inter se liability as well as the right to get reimbursement of the amount from the owner of the vehicle. The Insurance Company is permitted to produce document in support of its contention and the claimant as well can produce materials to prove regarding the driving licence. After appearance, the Insurance Company is directed to take out notice to the owner and driver and along with the same it may also take out a summons for the production of the licence. Thereafter the matter be decided in accordance with law. Parties are directed to appear before the tribunal on 2.3.2009. M.N. KRISHNAN,JUDGE vkm