NATIONAL INSURANCE COMPANY Vs. NIYAS

JUDGEMENT

(1.) These two appeals arise from a common award of the Motor Accidents Claims Tribunal, Pala in O.P.(MV)Nos.767/2008 and 777/2008. The appeals have been filed by the Insurance Company and the only grievance raised is regarding the refusal of permission to recover the amount of compensation directed to be paid, from the insured.

(2.) Heard Sri George Cherian (Thiruvalla), learned counsel for the appellants and Sri M.V.S.Nampoothiri, learned counsel for the respondents. Parties are referred to as they appear in M.A.C.A.No.738/2013.

(3.) A mobile crane driven by the 1st respondent crashed into a house and caused damage to property belonging to the claimant in O.P.(MV)No.767/2008 and injury to the claimant in O.P. (MV)No.777/2008. The accident happened on 29.09.2007. The 2nd respondent is the registered owner of the vehicle. At the time of the accident, the 1st respondent admittedly had a learner's licence No.2243/2007 issued from the SRTO, Thiruvalla, which was valid from 01.06.2007 to 30.11.2007. It is also stated that one Noushad Mohammed who was having a valid driving licence No.2324 and badge No.546/86 was accompanying the 1st respondent at the time of the alleged accident. The appellant contended that since the 1st respondent did not have a valid licence with an endorsement permitting to drive the category of vehicle, ie., a crane, on the date of accident, it amounted to violation of the policy conditions and hence they are entitled to recover the amount of compensation from the respondents.