Oriental Insurance Co. Ltd. vs Anu and Nagesh

M.N. Krishnan, J.—This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kasaragod in O.P.(MV)270/02. The claimant sustained injuries in a road accident and the Tribunal directed respondents 1, 2 and 4 in the claim petition to pay the amount jointly and severally. Aggrieved by the decision of the Tribunal the insurance company has come up in appeal on the failure of the Tribunal to at least grant a recovery clause from the owner.

Heard. The short point that arises for determination is whether the insurance company is entitled to get at least an order of reimbursement from the insured. The Tribunal found from the materials available that the driver did not have a valid driving licence but the Tribunal refused to grant any relief in favour of the insurance company on the ground that the insurance company has not proved that the owner has knowingly entrusted the vehicle to the driver without licence. I am not going to decide it on merit for the reason the procedure and law to be followed are clearly laid down in the decision reported in Swaran Singh''s case, National Insurance Co. Ltd. v. Swaran Singh 2004 (1) KLT 781. I am inclined to grant an opportunity to the insurance company to prove its contention before the Tribunal. Therefore the award under challenge is set aside so far as it relates to the interse liability between the insurance company and the insured is concerned. Both be permitted to adduce documentary as well as oral evidence in support of their respective contentions and let the matter be decided in accordance with law. The junction of the claimant is not necessary for the reason that the insurance company has already deposited the amount. Parties are directed to appear before the Tribunal on 29.10.2010.