IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 MACA.No. 2371 of 2007() ----------------------- OPMV.57/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... APPELLANT - RESPONDENT NO.2: -------------------------------------------- OUSEPH JOSEPH, MURIYANKARIYIL HOUSE, ARPOOKKARA WEST P.O., KOTTAYAM. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS: PETITIONER AND RESPONDENTS 1 AND 3 ----------------------------------------------- 1. CHACKOCHAN, MOOLEKKULAM HOUSE, AYMANAM P.O., KOTTAYAM. 2. ANISH KUMAR @ KUTTAI, THEKKEL HOUSE, PINANCHIRAKKUZHI BHAGOM, ARPOOKKARA P.O., KOTTAYAM. 3. THE ORIENTAL INSURANCE COMPANY LIMITED, KOTTAYAM. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.T.SANKARAN, JJ. ------------------------------- M.A.C.A.NO.2371 OF 2007 (G) ----------------------------------- Dated this the 18th day of February, 2008 J U D G M E N T KOSHY,J. In the impugned award, tribunal found that the offending vehicle owned by the appellant was covered by a valid insurance policy. Since the driver was not having effective driving licence to drive the category of vehicle in which he was driving and since there is violation of policy conditions, the amount awarded should be paid by the Insurance company and thereafter Insurance company was given opportunity to recover the above from the appellant owner of the vehicle. It is true that Ext.B2 driving licence was produced. But in the above driving licence, there was mistake in the initials of the driver. Apart form the above, even if that is accepted the above licence authorised the 2nd respondent to drive only the light motor vehicles (LMV) and he had no licence to drive a three wheeler vehicle. In the above circumstances, he was not M.A.C.A.2371/07 2 having an effective driving licence to drive the category of vehicle in which he was driving. He was driving an autorickshaw which is a three wheeler and there was violation of policy conditions. In the above circumstances, we see no merit in the appeal, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE K.T.SANKARAN, JUDGE prp J.B.KOSHY & K.T.SANKARAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 3rd December, 2007