IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 MACA.No. 741 of 2006() ---------------------- OPMV.905/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/3RD RESPONDENT. --------------------------------------- THE NEW INDIAN ASSURANCE COMPANY LTD, ALUVA, NOW REPRESENTED BY ITS ADMINISTATIVE OFFICER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2. ------------------------------------------------ 1. PAULOSE PAILY, S/O.PAILY, KAKKADAN HOUSE KOTTAMKUNNATHUKAVU BHAGAM,AMBUNADU, MALAYIDAMTHURUTHU P.O. 2. RAJAPPAN, S/O.KUTTAPPAN, MOTHIRAPPILLY HOUSE, EDATHALA P.O. 3. K.U.KURIAKOSE, KULATHUNGAL PUTHENPURA HOUSE NO.355, WARD NO.VII, PERIAPPURAM P.O., KOOTHATTUKULAM. ADV. SRI.JIJO PAUL KALLOOKKARAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------------------- M.A.C.A. NO. 741 OF 2006 ------------------------------------------ Dated this the 30th day of September, 2009. J U D G M E N T This is an appeal preferred against the award of the Motor Accident Claims Tribunal, Perumbavoor in O.P.(M.V) No.905 of 2000. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.20,415/- and directed the insurance company to pay the amount. Aggrieved by the decision casting the liability on the insurance company it has come up in appeal. There is a specific contention in the written statement that the driver of the autorikshaw did not have a valid driving licence at the time of the accident and therefore, there is a breach of policy condition and the insurance company to be exonerated from the liability. Unfortunately the tribunal did not raise issue or considered that contention at all which has resulted in miscarriage of justice. Therefore, in order to decide the interse and liability between the owner and the insurance company the award under challenge is set aside and the matter is remitted back to the tribunal with direction to the owner to file a written statement and to permit all concerned to produce documentary as well as oral evidence in support of their respective contentions and dispose of the matter in accordance with law. The M.A.C.A. NO. 741 OF 2006 2 junction of the legal representatives of the claimant shall not be insisted for the disposal of the case. Parties are directed to appear before the tribunal on 18.11.2009. M.N. KRISHNAN, JUDGE. pm M.A.C.A. NO. 741 OF 2006 3 M.A.C.A. NO. 741 OF 2006 4