IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 2830 of 2008()
1. UNITED INDIA INSURANCE CO. LTD.,
... Petitioner
Vs
1. SAMBODHARAN, S/O. SRTEELAKKATH
... Respondent
2. MANOJ.M.U, S/O. MUTHIRAPARAMBIL
3. BABU, S/O. MULANGATH KRISHNANKUTTY,
For Petitioner :SRI.P.V.JYOTHI PRASAD
For Respondent :SRI.RAJESH CHAKYAT
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :28/01/2009
O R D E R
M.N. KRISHNAN, J
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M.A.C.A.No. 2830 OF 2008
---------------------------------
Dated this the 28th day of January, 2009
JUDGMENT
This is an appeal preferred against the award of the Motor
Accident Claims Tribunal, Irinjalakuda in O.P.(MV) No.1594/2002.
The claimant sustained injuries in a road accident and he has been
awarded a compensation of Rs. 36,850/- with a direction to the
Insurance Company to pay the amount. It is against that decision
the Insurance Company has come up in appeal.
2. The learned counsel for the Insurance Company strongly
contends before me that the tribunal committed a mistake in not
ordering at least reimbursement of the amount when the vehicle
was driven by a person without a valid driving licence. A perusal of
the award would reveal that before the tribunal the Insurance
Company moved an application for a direction to the driver to
produce the licence. Though it was allowed as he has chosen to
remain exparte it was not carried out. The charge sheet produced
did reveal that there was no charge for driving the vehicle without
driving licence. Whatever it may be, it is a positive factor that has
to be proved before arriving at a decision regarding breach of policy
M.A.C.A. 2830/2008
-2-
conditions. Therefore I am inclined to grant an opportunity and
therefore the award under challenge is set aside so far as it relates
to inter se liability as well as the right to get reimbursement of the
amount from the owner of the vehicle. The Insurance Company is
permitted to produce document in support of its contention and the
claimant as well can produce materials to prove regarding the
driving licence. After appearance, the Insurance Company is
directed to take out notice to the owner and driver and along with
the same it may also take out a summons for the production of the
licence. Thereafter the matter be decided in accordance with law.
Parties are directed to appear before the tribunal on 2.3.2009.
M.N. KRISHNAN,JUDGE
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