IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1289 of 2006()
1. THE ORIENTAL INSURANCE CO LTD.,
... Petitioner
Vs
1. HASKAR, S/O.MOHAMMED,
... Respondent
2. K.ALAVI, S/O.KUNHI MOIDEEN,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :29/07/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1289 OF 2006
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Dated this the 29th day of July, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Tirur, in OP(MV) 200/02. It is the case of the
claimant that she had sustained injuries in a road accident on account of
the collision between two vehicles. The Tribunal found that the accident
occurred due to the negligence of the auto driver as well as the motor
cyclist and held them equally liable.
2. It is the insurer of the auto who has come up in appeal with
the contention that though a specific pleading was raised that the auto
driver did not have a valid driving licence, the Tribunal has not considered
the same and therefore the Tribunal has failed to order recovery of the
amount from the owner of the auto. As far as claimant is concerned, the
amount has to be paid and the only question is the right to recovery. Along
with the appeal, the Insurance Company has produced a photo copy of the
licence and also a copy of the policy. I receive those documents under
Order Order XLI Rule 27. A perusal of the driving licence would reveal that
the driver of the auto had a valid licence to drive motor vehicles other than
transport vehicles from 9.3.2001 to 8.3.2021. The accident took place in
the year 2002. But the question remains that the auto being a transport
MACA No.1289/06 2
vehicle whether there was a valid licence for him to drive that vehicle.
Though it has been pleaded, it has not been considered. Since the owner
of the vehicle, in spite of notice, had chosen to remain ex parte and as any
finding would affect him it is desirable that the said question is determined
by the Tribunal after giving notice to the owner from the Tribunal as well.
Therefore, the award passed by the Tribunal is set aside to the
limited extent of finding whether the driver of the auto had a valid licence
and whether there was a breach of policy conditions which would entitle the
Insurance Company to get reimbursement from the owner of the vehicle.
For these purposes, the Registry is directed to forward the documents
produced along with the appeal. The Tribunal can permit the Insurance
Company to adduce evidence in support of its contentions. Insurance
Company shall also take notice to the owner from the Tribunal so that he
can also be heard and an opportunity can be given to him.
Insurance Company is directed to appear before the Tribunal on
3.9.08.
M.N.KRISHNAN, JUDGE
vps
MACA No.1289/06 3