IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 MACA.No. 408 of 2010() ---------------------------------- OPMV.458/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR .................... APPELLANT(S): 3RD RESPONDENT -------------------------------------------------- UNITED INDIA INSURANCE CO.LTD. TIRUR. BY ADV. SRI.P.V.JYOTHI PRASAD RESPONDENT(S): PETITIONER AND RESPONDENTS 1 & 2 --------------------------------------------------------------------------------- 1. MOHAMED SHAMEER , S/O.MOIDEENKUTTY, CHAPPNGATHIL HOUSE, PALATHINGAL, PARAPPANANGADI, TIRURANGADI TALUK. 2. MOHAMED SHAFI, S/O.ISMAIL, PAZHAKKALAKATH HOUSE, PUKAYUR, PO.OLAKARA,PIN-676 306. 3. AHAMED.C, S/O.MOHAMED, CHUZHIYIL HOUSE, PO.MUNNIYUR SOUTH, MALAPPURAM DISTRICT. R3 BY ADV. SRI.HARISH R. MENON THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.408 OF 2010 ............................................. Dated this the 4th day of August, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Tirur, in OP(MV)No.458/2007. The claimant, a minor, sustained injuries in a road accident while he was travelling in an auto rickshaw. The auto rickshaw collided with a trucker and the Tribunal found that the accident had taken place on account of the negligent driving by the first respondent in the OP(MV) i.e., the driver of the trucker. The insurance company has raised a contention that the driver of the trucker did not have a valid driving licence and therefore it is entitled to at least reimbursement of the amount from the owner. The Tribunal found that though there is a charge sheet, materials are not produced. 2. The learned counsel for the appellant argued before me that he had moved an application before the Tribunal with a request to the second respondent to furnish the reason why he has permitted the person without licence to drive the vehicle. Unfortunately as the owner of the vehicle was not contesting the case, the Tribunal dismissed the : 2 : M.A.C.A.NO.408 OF 2010 application. So what remains there is the charge wherein it is stated that driving licence is not there. 3. It is true that the burden of proving that there was no driving licence is on the insurance company. In this Court, the owner has entered appearance. The owner would contend before me that he had transferred the vehicle to somebody else and he cannot be made liable. The question who was the owner of the vehicle and what will be the impact etc are all matters which requires consideration as well as evidence. So it is desirable that for deciding the question of inter se liability of the insurance company and the owner and who is the owner, the matter can be sent back to the Tribunal with a direction to permit the second respondent in the OP(MV) namely the owner to file a written statement and requesting the court to implead the person to whom he has sold the vehicle and thereafter the mater can be decided in the presence of all. But, I make it clear that as far as the claimant is concerned, let the insurance company pay the amount and recovery can be decided in accordance with law especially bearing in mind : 3 : M.A.C.A.NO.408 OF 2010 the decision of this Court in the decision reported in Ashraf v. Fathima (2004 (2) KLT 598). 4. Therefore the award under challenge is partly set aside and remit the case back to the Tribunal for the purpose of deciding the matter discussed above with permission to the owner of the vehicle to file a written statement and to implead additional parties, if necessary, and thereafter permit all concerned to produce documentary and oral evidence in support of their respective contentions and then dispose of the matter in accordance with law. Parties are directed to appear before the Tribunal on 17.9.2010. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.408 OF 2010 M.N. KRISHNAN, J. ........................................... A.S.NO.OF 2010 ............................................. 2nd day of August, 2010. J U D G M E N T