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.
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M.A.C.A. NO. 2114 OF 2009
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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
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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/-
