IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 MACA.No. 1963 of 2005() ------------------------------------- OPMV.126/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, NORTH PARAVUR .................... APPELLANT/3RD RESPONDENT ----------------------------------------------- UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, THIRD PARTY CELL, VETTUKATTIL BUILDINGS, KOCHI-16. BY ADV. SRI.M.A.GEORGE RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 RESPECTIVELY ---------------------------------------------------------------------------------------------------------- 1. ANTONY, S/O.PAULOSE, PAYYAPPILLY HOUSE, MAIKKAD.P.O. 2. OUSEPH.V.D, VITHAYATHIL HOUSE, AYROOR.P.O. 3. VILASAN, S/O.KURUMBAN, VASHAYILTHODU HOUSE, CHALAKKAL, CHENGAMANAD. R2 BY ADV. SRI.ANTONY MATHEW, SRI.P.N.SASIDHARAN. R3 BY ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR). THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 1963 of 2005 ORDER ON I.A. NO.3552/2005 IN MACA NO.1963/2005 DISMISSED 04/10/2010. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. M.N.KRISHNAN, J ===================== MACA No.1963 OF 2005 ===================== Dated this the 4th day of October 2010 JUDGMENT This appeal is preferred by the insurance company against the award passed by the Motor Accidents Claims Tribunal, North Paravur in O.P.(MV)No.126 of 2001. The claimant was walking along a road and it is submitted that he was hit by a motor cycle as a result of which he sustained injuries. The Tribunal did not entertain the plea of the insurance company that it is entitled to reimbursement from the owner because the rider of the bike was only having learner's licence. The learned Tribunal relied on the decision of the Supreme Court in National Insurance Co.Ltd. v. Swaran Singh(2004(1) KLT 781) and held that the insurance company is bound to pay the amount. I am afraid that the learned Tribunal has not properly applied the decision. Otherwise he MACA 1963/2005 -:2:- would not have jumped to that conclusion. What is laid down in Swaran Singh's case is that a learner's licence is also a valid licence or a duly authorised licence provided it fulfills the conditions enumerated for a learner's licence. Under the Central Motor Vehicles Rules and the form which is exclusively kept for issuance of learner's licence the form itself very clearly indicates in the form of a warning that when a learner's licence holder is riding he must have a person with valid licence as a pillion rider. This aspect of the matter was not considered by the Tribunal at all. Now the learned counsel for the owner as usual at the time of hearing has submitted that an opportunity may be given to him to prove whether the pillion rider was having a licence or not. In this case, there cannot be any substitution of a pillion rider for the reason that the pillion rider has also come before the Tribunal and that case was jointly disposed of with this case. If the pillion rider has got a valid driving licence, then the owner will be able to MACA 1963/2005 -:3:- satisfy the requirements of a duly authorised learner's licence and therefore he would not be liable to reimburse the amount to the insurance company. If, on the contra, it is found that the pillion rider does not have a driving licence to ride a two wheeler, then there is not a proper and duly authorised learner's licence as envisaged in Swaran Singh's case which entitles the insurance company to get reimbursement from the owner. Learned counsel prays for an opportunity which I feel can be given so that if there is a duly licensed person on the back of the two wheeler the owner can get exonerated from reimbursement. Therefore the award under challenge is set aside to the limited extent of proving whether the pillion rider who was accompanying the rider of the bike did have due licence to drive a two wheeler. If the answer is in the positive, the owner can succeed and if it is in the negative, the owner has to reimburse. For this, permission is granted to the owner to let MACA 1963/2005 -:4:- in oral as well as documentary evidence and the matter be disposed of in accordance with law. Needless to say that the insurance company can also adduce evidence in that regard. Parties are directed to appear before the Tribunal on 8.11.2010. MACA is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-