2025:KER:24824 MACA NO.1080 OF 2011 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 13TH DAY OF MARCH 2025 / 22ND PHALGUNA, 1946 MACA NO. 1080 OF 2011 AGAINST THE ORDER/JUDGMENT DATED 22.08.2008 IN OPMV NO.221 OF 2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD APPELLANT/3RD RESPONDENT: NATIONAL INSURANCE COMPANY LTD. PALAKKAD BY ADV SRI.RAJAN P.KALIYATH RESPONDENTS/CLAIMANT AND R1 & R2: 1 THANKAMANI W/O.CHAMI, ERACHIKADU, PERUVEMBA,PALAKKAD 2 JAYAKRISHNAN SO.KARUMANDI AGED NOT KNOWN, 8/101,THAKARAKAD HOUSE,, ETHANUR, PALAKKAD 3 KRISHNANKUTTY S/O.THEYYAN, AGED NOT KNOWN,, KALATHINGAL VEEDU, 9/150 VILAYANNUR,, THENKURISSI, PALAKKAD BY ADV T.K.SANDEEP THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24824 MACA NO.1080 OF 2011 2 J U D G M E N T This is an appeal filed by the 3rd respondent in OP(MV) No.221/2004 on the file of Motor Accidents Claims Tribunal, Palakkad. As per award dated 22.08.2008, the Tribunal directed the 3rd respondent insurer to pay the compensation and the 3rd respondent was permitted to recover the compensation from the respondents 1 & 2. Aggrieved by the above award, the 3rd respondent preferred this appeal. 2. The Tribunal permitted pay and recovery on the ground that the 2nd respondent namely the driver of the offending vehicle had no valid driving license. In the light of the decision of the Hon’ble Supreme Court in National Insurance Co. Ltd vs Swaran Singh & others 2004 (1) KLT 781, even in case the driver had no valid driving license and at the same time the vehicle had valid insurance policy, the insurer is liable to the third parties and cannot be exonerated from the liability. In such circumstances, only pay and recovery can be allowed. In the above circumstances, there is nothing wrong in the impugned award and as such the appeal is liable to be dismissed. 2025:KER:24824 MACA NO.1080 OF 2011 3 In the result, the appeal is dismissed, confirming the award passed by the Tribunal. Sd/- C. PRATHEEP KUMAR, JUDGE Pvv