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K.P.Varghese vs T.K. Manoj on 11 November, 2009

Kerala High Court
K.P.Varghese vs T.K. Manoj on 11 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2114 of 2009()


1. K.P.VARGHESE, S/O. PYLOTH, KONIKKARA
                      ...  Petitioner

                        Vs



1. T.K. MANOJ, S/O.KUMARAN, THAIVALAPPIL
                       ...       Respondent

2. THE NATIONAL INSURANCE CO.LTD.

                For Petitioner  :SRI.P.V.BABY

                For Respondent  :SRI.GEORGE CHERIAN (THIRUVALLA)

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

 Dated :11/11/2009

 O R D E R
                      M.N. KRISHNAN, J.
               = = = = = = = = = = = = = =
                 M.A.C.A. NO. 2114 OF 2009
             = = = = = = = = = = = = = = =
      Dated this the 11th day of November, 2009.

                       J U D G M E N T

This appeal is preferred against the award of the Motor

Accidents Claims Tribunal, Thrissur in O.P.(MV)2995/00. The

claimant has been awarded a compensation of Rs.10,350/-

and the insurance company was directed to deposit the

amount and realise it from the 4th respondent since there

was breach of policy conditions namely absence of proper

driving licence for the driver. The vehicle involved in the

accident is a bus and therefore there must be a proper

licence to drive a transport vehicle.

Along with the memorandum of appeal the appellant

has produced Annexure 1 which indicates that there was a

licence issued on 27.8.94 and badge was issued on

11.11.1996. Normally the licence and badge at least will be

for a minimum period of three years and if it is true then on

the date of accident that is on 8.6.1997 there may be a

proper licence for the driver. But since only a photocopy of

M.A.C.A. 2114 OF 2009
-:2:-

the document is produced it has become necessary for this

Court to remit the case to find out whether there was a valid

proper driving licence on the date of the accident so as to

exonerate the owner from making repayment of the amount

ordered by the Tribunal. Therefore the award under

challenge is set aside so far as it relates to the interse

liability between the owner and the insurance company is

concerned and it is remitted back with a direction to the

owner and driver to produce the original of the driving

licence and convince the Court regarding the correctness of

the same. Needless to say the insurance company can also

adduce evidence in support of its contentions. Parties are

directed to appear before the Tribunal on 15.12.2009.

M.N. KRISHNAN, JUDGE.

ul/-

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