IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MACA.No. 2170 of 2006() ----------------------- OPMV.935/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT/RESPONDENT ------------------------------------- JAYALAL K.V., S/O.VASUPILLA, AGED 32 YEARS, KARIPARAMBIL HOUSE, KANIMANGALAM POST, KURKANCHERI, THRISSUR, PIN-680 027. BY ADV. SRI.K.C.SANTHOSHKUMAR RESPONDENTS: --------------------- UNITED INDIA INSURANCE CO. LTD., THALASSERY ROAD, BRANCH OFFICE, FASHION TOWER, KANNUR-2, REP. BY ITS DIVISIONAL MANAGER, KANNUR. BY ADV. SRI.J.MATHAPPAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, ALONG WITH MACA NO. 2034 OF 2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.A.C.A.No.2170 OF 2006 & M.A.C.A.NO.2034 OF 2007 ----------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Koshy, J. One Bhaskaran filed application before the Tribunal contending that the accident occurred due to the negligent driving of a Maruti car bearing registration No.KL-13-A/4959, driven by the second respondent driver. The above vehicle was owned by the first respondent and the third respondent has insured the vehicle. The Tribunal awarded a compensation of Rs.30,700/- against the claim of Rs.1,00,000/- and directed the Insurance Company to deposit the same, as there was valid insurance at the time of accident. But, according to the Tribunal, the first respondent RC owner by agreement transferred the vehicle to the second respondent driver of the vehicle. But that fact was not intimated to the Insurance Company and therefore, after depositing the amount, the Insurance Company can recover the amount from the owner and driver of the vehicle. Hence the owner and driver filed these appeals. The Apex Court in Govindan G. v. New India Assurance Co. Ltd. (AIR 1999 MACA.2170 & 2034/07 2 SC 1398) and Rikhi Ram v. Sukhrania (AIR 2003 SC 1446) held that after transfer of the vehicle, the liability of the insurer does not cease, even if the owner or purchaser does not give any intimation of transfer to the Insurance Company, if the vehicle is insured at the relevant time. It is not disputed that the vehicle was insured. The first respondent was the RC owner and the second respondent was the driver who had valid driving licence. Therefore, the order of recovery of the compensation awarded from the first respondent owner and the second respondent driver of the vehicle is illegal. The award is modified accordingly. The appeals are allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.