JUDGMENT

This Appeal is filed by the insurer against the Award dated 14.09.2018 of the Motor Accidents Claims Tribunal, Muvattupuzha in OP(MV)No.1197 of 2016.

2. On 16.10.2016, at 7.00 pm, while Sri. Anil Kumar was walking along the Vadattupara – Kothamangalam Public Road, a Tata Ace vehicle bearing registration No.KL-07/BS 568, driven by the 2nd respondent in a rash and negligent manner and in excessive speed, hit down Sri.Anil Kumar causing serious injuries to him. The 3rd respondent is the owner of the vehicle and the appellant is the insurer. The claimant has approached the Tribunal claiming a total compensation of ₹ ₹

1,08,000/- limited to 50,000/-.

3. The appeal has been filed by the New India Assurance Company Limited mainly on the ground that the vehicle was not having a valid and effective fitness certificate as on the date of accident. The learned Standing Counsel appearing for the Insurance Company further submitted that though the aspect that there was violation of policy conditions was urged before the Tribunal, the same was not considered and did not provide for any right of recovery to the insurer

4. Though notice was served on the 3rd respondent - Muhammed Shafi, he chose to not appear before this Court. The 2nd respondent appeared through counsel.

5. The learned Standing Counsel for the Insurance Company also relied on the judgment of a Larger Bench of this Court in Pareed Pillai v. Oriental Insurance Co.

Ltd. [2018 (4) KLT 792] and submitted that the absence of a valid fitness certificate is a substantive issue, not merely a technicality.

6. On a perusal of paragraph 4 of the Award, it is seen that the appellant/3rd respondent has raised a contention that the vehicle was not having certificate of fitness and thus violated the conditions of the policy. But the said point has not been considered by the Tribunal while passing the Award. Moreover, the owner did not contest the claim.

7. Since it is the main contention of the Insurance Company that there was no valid fitness certificate for the vehicle, it amounts to a fundamental breach of the policy conditions. Hence, the Tribunal ought to have considered the said aspect while passing the award ordering payment of compensation amount to the claimant and also holding the insurer liable to pay the compensation amount. Therefore, I find that this case has to be remanded to the Tribunal for fresh consideration of the issue.

Accordingly, this appeal is disposed of. The Award passed by the Tribunal is set aside to the limited extent of determining

1. Whether the vehicle had a valid fitness certificate at the time of the accident ?

2. Whether there was any breach of policy conditions ? 3. Whether the insurer is entitled to recover the amount from the owner of the vehicle ?

It is further directed that, since there are no disputes between the claimant and the Insurer, the Tribunal need not issue fresh notice to the claimant in the above case. The tribunal shall consider the afore aspects afresh and pass appropriate orders, in accordance with law as expeditiously as possible.