M.K. Muahmmed Najeeb vs Ajesh K. Jose, Azad K.P. and National Insurance Co. Ltd.

Ramakrishna Pillai, J.—The 1st respondent who is the registered owner of the offending vehicle is the appellant. The claim petition was filed by the 1st respondent in this appeal claiming a sum of Rs. 2 lakhs as compensation on account of the injuries sustained by him in a road traffic accident on 09/09/04. Allegedly the 1st respondent while walking along the road was hit down by a two wheeler which was insured with the 3rd respondent Insurance Company. The appellant who was the registered owner was also arrayed as one of the parties in the claim petition. The learned Tribunal after quantifying the amount of compensation found that the driver of the offending vehicle was not having a valid driving license at the relevant time. Thus the 3rd respondent Insurance Company who was saddled with the liability of paying the compensation was given the liberty to recover the same from the appellant who is the registered owner after effecting payment. The said finding is under challenge in this appeal.

We have heard the Learned Counsel for the appellant and the Learned Counsel for the 3rd respondent Insurance Company.

When the matter was taken up for hearing the Learned Counsel for the appellant submitted that on the date of the accident the appellant was not the registered owner as the vehicle had been transferred to a third party and mutation was effected in the registration certificate. Allegedly the appellant was away in Gulf and he could not contest the claim petition. It was submitted that if an opportunity is afforded to the appellant, he will be able to prove that he was not the registered owner at the time of the accident. We see force in the submission made by the Learned Counsel for the appellant. We are of the view that the appellant be given an opportunity to prove his case by remanding the case to the Tribunal for that limited purpose. In the result, the appeal is allowed. While upholding the quantum of compensation awarded as well as the liability of the Insurance Company to pay compensation, the direction in the award giving the liberty to the 3rd respondent Insurance Company to recover the award amount from the appellant is interfered with and the same is set aside. The matter is remanded to the Tribunal for passing revised award after affording the appellant opportunity to file written statement and to adduce evidence if any. The purpose of remand is only to determine the limited question whether the appellant was the registered owner at the time of the accident and to re-consider the question of recovery. The Tribunal shall complete the exercise within one month from the date of appearance of the parties. The parties shall enter appearance before the Tribunal on 27/04/12.