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