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United India Insurance Co.Ltd vs V.K.Basheer on 12 August, 2010

Kerala High Court
United India Insurance Co.Ltd vs V.K.Basheer on 12 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2553 of 2009()


1. UNITED INDIA INSURANCE CO.LTD.,
                      ...  Petitioner

                        Vs



1. V.K.BASHEER, S/O.MUHAMMED,
                       ...       Respondent

2. FAISAL, S/O.ABDULRAHIMAN,

3. ANISH, S/O.SASIDHARAN,

4. JOSEPH JACOB, ADVOCATE, KYNADI,

5. SHEREEF CHAKKITTAKKUNNU,

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  :SRI.T.K.SAIDALIKUTTY

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

 Dated :12/08/2010

 O R D E R
                             M.N.KRISHNAN, J.
           --------------------------------------------------------
                     M.A.C.A.No.2553 OF 2009
          ---------------------------------------------------------
           Dated this the 12th day of August, 2010.

                               JUDGMENT

This is an appeal preferred against award of the Motor

Accidents Claims Tribunal, Tirur in O.P.(MV) 975 of 2005. The

claimant, who sustained injuries in a road accident, has been

awarded a compensation of Rs.88,470/- and Insurance Company

has been ordered to pay the amount. The Insurance Company

has come up in appeal. The contention of the learned counsel

for the Insurance Company is to the effect that the driver did not

have a valid driving licence which amounts to breach of policy

conditions and, therefore, the Insurance Company is at least

entitled to get right of recovery from the owner. The matter has

been considered by the Tribunal in paragraph 14 of the award. It

is true that Insurance Company moved an application for the

production of licence by the 1st respondent. It also moved

application for calling up the 4th respondent who permitted to

drive the first respondent without a licence. But, admittedly the

5th respondent was the owner. No steps were taken against him.

It is the duty of the Insurance Company to satisfy the conscience

of this Court regarding the non availability of the licence. They

M.A.C.A.No.2553 OF 2009 2

can prove it by producing materials or by adducing evidence.

Therefore, I am inclined to grant an opportunity so far as it

relates to the recovery is concerned. Therefore, award under

challenge is set aside to consider whether there was a valid

driving licence for the driver and regarding breach of policy

conditions. The matter is remitted back to the Tribunal with a

direction to permit all concerned to produce documentary

evidence and adduced evidence to decide that question. Parties

are directed to appear before the Tribunal on 23.9.2010. The

Insurance company shall take out notice to respondents 1, 4 and

5 in the claim petition after it enters appearance before the

Tribunal.

M.N.KRISHNAN, JUDGE.

mns

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