IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 MACA.No. 1561 of 2008() -------------------------------- O.P(MV) NO.1612/2003 OF MACT, MANJERI APPELLANT/3RD RESPONDENT IN OP (MV) 1612/2003 : ---------------------------------------------------------------------------- NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE, PALAKKAD, REPRESENTED BY ITS MANAGER, KOCHI REGIONAL OFFICE, OMANA BUILDINGS, JEWS STREET, PADMA JUNCTION, KOCHI 682 035. BY ADV. SRI.LAL GEORGE RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2 IN THE OP (MV) NO.1612/2003: --------------------------------------------------------------------------------------------------------------------------- 1. MPHAMMEDALI ALIAS AJMEER MOHAMMEDALI, S/O.UNNEERI, NECHULLY HOUSE, NEAR PALLIKKUNNU HOSPITAL, P.O. PALLIKKUNNU, KUMARAMPUTHOOR, VIA MANNARKKAD, PALAKKAD DISTRICT. 2. K.EMSHAD @ NOUSHAD, S/O.MOHAMMED, KOOTTAPILAKKAL HOUSE, NEAR PALLIKKUNNU HOSPITAL, P.O. PALLIKKUNNU, KUMARAMPUTHAR, VIA MANNARKKAD, PALAKKAD DISTRICT. 3. K.MOHAMMED MUSTHAFA, KOOTTAPILAKKAL HOUSE, NEAR PALLIKKUNNU HOSPITAL, P.O. PALLIKKUNNU, KUMARAMPUTHAR, VIA MANNARKKAD, PALAKKAD DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 1561 OF 2008 --------------------- Dated this the 23rd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Manjeri, in OP(MV) 1612/03. The claimant sustained injuries in a road accident and the Tribunal has awarded a compensation of Rs.18,600- and directed the Insurance Company to deposit the amount. 2. It is seen that the Tribunal did not consider the contention of the Insurance Company regarding the absence of a valid licence. In para 5 and more specifically in para 6, it is contented that the driver of the vehicle had no licence at the time of the accident and he was charged for that offence. So this respondent is not liable to indemnify. But unfortunately the Tribunal did not consider that contention at all. It is true that the Insurance Company will be liable to compensate the claimant. But if there is a breach of policy condition it will be entitled to right of reimbursement from the owner. No issue is raised and no finding is recorded on that point. Therefore, there is no point in issuing notice and then MACA No.1561/08 2 remanding the matter. That purpose can be served by directing the Tribunal to consider that point and also directing the Insurance Company to take notice to the owner and driver after it enters appearance before the Tribunal. The award under challenge is set aside and the matter is remitted back to the Tribunal for consideration as to whether the Insurance Company is entitled to get reimbursement of the amount from the owner for the reason that there was no valid driving licence which mounted to breech of policy condition. After entering appearance, the Insurance Company shall take notice to the owner and driver and thereafter the court can proceed with the matter and dispose it of in accordance with law. The Insurance Company is directed to appear before the Tribunal on 29.8.08. M.N.KRISHNAN, JUDGE vps MACA No.1561/08 3