IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 MACA.No. 392 of 2010() ---------------------------------- OPMV.1799/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): 2ND RESPONDENT ---------------------------- THE NEW INDIA ASSURANCE CO.LTD, THRISSUR NOW REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY MR.MATHEWS JACOB, SENIOR ADVOCATE BY ADV.MR.P.JACOB MATHEW RESPONDENT(S): 1ST RESPONDENT ----------------------------- COLONEL DR.B.J.AKKARA, T.C.24/677-A, NEHRU NAGAR,KURIACHIRA, THRISSUR. (NO RELIEFS ARE CLAIMED AGAINST THE PETITIONER IN THE ORIGINAL PETITION AND HENCE HE IS NOT MADE A PARTY IN THIS APPEAL.) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN,J. ====================== M.A.C.A. No. 392 OF 2010 ====================== Dated this the 5th day of March 2010. JUDGMENT This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV) No.1799/2004. The Insurance Company has come up in appeal challenging the finding of the Tribunal, which has not considered the contention with respect to the right of reimbursement of the Insurance Company on account of the breach of policy conditions. The Insurance Company in para 4 of the written statement has specifically contended that the driver did not hold a valid driving licence as on the date of accident. It was also contended that it had expired in the year 2000 and it was not renewed thereafter. But strangely the Tribunal did not consider that question at all. It is a serious mistake committed by the Tribunal which requires interference. 2. Therefore, the award under challenge is set aside, so far it relates to the right of the Insurance Company to M.A.C.A. No. 392 OF 2010 2 get reimbursement and for that purpose the Insurance Company is permitted to produce documentary as well as oral evidence. Needless to say, since the owner will be aggrieved, if the verdict goes against him, therefore he has to be issued a notice by the Tribunal before proceeding with the matter. The appellant is directed to appear before the Tribunal on 8.4.2010 and thereafter take notice to the owner of the vehicle . M.A.C.A. disposed of accordingly. M.N.KRISHNAN,JUDGE. mns