The Oriental Insurance Co. Ltd vs Gopalakrishnan on 29 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1995 of 2006()


1. THE ORIENTAL INSURANCE CO. LTD.,
                      ...  Petitioner

                        Vs



1. GOPALAKRISHNAN,
                       ...       Respondent

2. P.N.KALESH, S/O.NARAYANAN,

                For Petitioner  :SRI.GEORGE CHERIAN (THIRUVALLA)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :29/08/2008

 O R D E R
                            M.N.KRISHNAN, J.
                            --------------------------
                       M.A.C.A. No. 1995 OF 2006
                               ---------------------
                Dated this the 29thday of August, 2008

                                 JUDGMENT

This appeal is preferred against the award passed by the

Motor Accident Claims Tribunal, Muvattupuzha, in OP(MV) 505/02.

The claimant sustained injuries in a road accident and the Tribunal

awarded him a compensation of Rs.26,000/-. The Tribunal negatived

the contention of the Insurance Company to exonerate it from the

liability for want of driving licence to the driver.

2. A perusal of para 12 of the award would reveal that

there was a contention for the Insurance Company that the driver

was not duly licensed. The Tribunal arrived on a decision that Ext.A4

shows that the licence held by the driver was not valid on the date of

the accident. There was also a petty case registered against him.

As per the conditions of the policy, the driver is expected to have a

valid and duly authorised licence as on the date of accident. If the

licence has expired and it is renewed within 30 days, it may have

validity. But in other cases, it has to be held that the driver did not

have a valid and duly authroised driving licence to drive the vehicle.

MACA No. 1995/06 2

When it is so, it is a breach of policy conditions and therefore the

Insurance Company, though liable to pay to a third party, is entitled

to get the amount from the owner of the vehicle.

Therefore, the award passed by the Tribunal is modified

and the Insurance Company is directed to deposit the amount

ordered under the award and it is given the right to recover the said

amount from the owner of the vehicle by execution of the very same

award.

The appeal is disposed of accordingly.

M.N.KRISHNAN, JUDGE
vps

MACA No. 1995/06 3