IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 882 of 2006()
1. NATIONAL INSURANCE COMPANY LTD.,
... Petitioner
Vs
1. RAJINA THIDIL, AGD ABOUT 21 YEARS,
... Respondent
2. N.MUHAMMED ASHARAF KUNHI, AGED ABOUT 35
3. M.IBRAHIM, S/O.MUHAMMED, R/A. P.O.
For Petitioner :SRI.P.R.RAMACHANDRA MENON
For Respondent :SRI.T.K.VIPINDAS
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/12/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 882 OF 2006
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Dated this the 19th day of December, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kasaragod in O.P.(MV)17/02. The
claimant sustained injuries in a road accident and the
Tribunal has awarded a compensation of Rs.23,400/- and
made the insurance company liable to pay the compensation.
The insurance company has come up in appeal challenging
the finding of the Tribunal on the question of its liability.
Unfortunately, the Tribunal has not considered the pleadings
raised in the written statement. In paragraph 4 of the
written statement there is a specific contention that the first
respondent was not having any valid driving licence to drive
the motorcycle and thereby had committed violation of the
policy conditions. It is submitted that an interim application
was also filed calling upon the owner cum driver to produce
the driving licence as I.A.1633/03. The Tribunal did not
consider that application even. So it is matter where the
M.A.C.A. 882 OF 2006
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Tribunal has to adjudicate whether there has been any
breach of policy conditions. Therefore the matter requires
reconsideration on that point. So the award under challenge
is set aside so far as it relates to the interse dispute between
the insurance company and the insured is concerned and the
Tribunal is directed to frame appropriate issue and answer
the question whether the insurance company is entitled to
right of recovery if there is no driving licence as there is
breach of policy conditions. But the insurance company has
to pay the amount to the claimant and the junction of the
claimant need not be insisted in the proceedings before the
Tribunal. Further the insurance company is permitted to
produce both documentary as well as oral evidence in
support of their respective contentions and it is also directed
to take out notice to the owner of the vehicle after it enters
appearance before the Tribunal for proper adjudication.
Parties are directed to appear before the Tribunal on 22.1.09
and the amount deposited shall be disbursed to the claimant.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-