IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 MACA.No. 895 of 2007() ---------------------- OPMV.90/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PUNALUR .................... APPELLANT/3RD RESPONDENT: ------------------------------------------------- THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, PUNALUR NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, "SHARANYA", HOSPITAL ROAD, KOCHI-11. BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV. SRI. JACOB MATHEW. RESPONDENT(S): RESPONDENTS 1 AND 2: ---------------------------------------------------------------- 1. BHADRAN, S/O GANGADHARAN, ANEESH BHAVAN, VETTITHITTA P.O., PIRAVANTHOOR, PUNLAUR. 2. SAJAD, S/O ABDUL SALAM, A.R.MANZIL, NADANNOORE, PUNNALA, KOLLAM DIST. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 895 of 2007 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 31st day of March, 2010 JUDGMENT Basheer, J. This appeal, which is at the instance of an Insurance Company, is directed against the award passed by the Motor Accidents Claims Tribunal, Punalur in O.P.(MV) No.90 of 2003 filed by the legal representatives of one Shaji, a victim in a motor accident. 2. The contention of the claimants was that deceased Shaji was travelling in an auto rickshaw, owned by respondent No.1 herein, on the fateful day. The vehicle capsized because of the rash and negligent driving of respondent No.2. Deceased Shaji sustained fatal injuries in the accident and later, he succumbed to them. 3. As against a claim for Rs.6 lakhs towards compensation, the Tribunal awarded Rs.4,92,000/- with interest and costs. The appellant Insurance Company was MACA 895/07 2 directed to indemnify respondent No.1, the owner of the auto rickshaw, since admittedly the said vehicle was covered under a valid insurance policy issued by the appellant. 4. The appellant/Insurance Company contends that the Tribunal has committed serious illegality in overlooking the specific contention raised by it that the driver of the vehicle did not possess a valid driving licence at the time of the accident. According to the appellant, since respondent No.1 had allowed an unlicensed person to drive the vehicle, the appellant ought not to have been held liable to indemnify respondent No.1. This crucial aspect was lost sight of by the Tribunal at the time of passing the award, learned counsel contends. 5. In this appeal the appellant has arrayed only the owner and driver of the vehicle in question. In other words, the appellant does not challenge either the quantum of compensation or the entitlement of the claimants to get compensation. MACA 895/07 3 6. Learned counsel for the appellant submits that the the appellant has already satisfied the award and deposited the entire amount of compensation before the Tribunal. However, the only grievance is that the Tribunal ought to have given the appellant the right and liberty to recover the amount covered under the award from the owner and driver of the vehicle in question. 7. Though notice has been served on the respondents, they have not chosen to appear before this Court either in person or through counsel. It is revealed from the award that these respondents had remained absent before the Tribunal also and therefore they were set ex parte. 8. Having heard the learned counsel for the appellant and having perused the materials available on record, we are satisfied that there is considerable force in the contention raised by the appellant. In the absence of any evidence from the side of the respondents to establish that the offending vehicle was in fact driven by a licensed person, the Tribunal ought to have directed the Insurance MACA 895/07 4 Company to pay the compensation and recover the same from the owner and driver. It is seen from the pleadings that the appellant had raised such a specific plea before the Tribunal. 9. In that view of the matter, the impugned award is modified to the extent that the appellant shall be entitled to recover the amount of compensation paid to the claimants from the respondents herein. The appeal is allowed as above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.