IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 MACA.No. 1825 of 2008() ----------------------- OPMV.1372/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT/ 3RD RESPONDENT:- -------------------------------------- NATIONAL INSURANCE CO. LTD., MAVOOR ROAD, CALICUT-673 0O04, REP. BY THE MANAGER, KOCHI REGIONAL OFFICE, M.G. ROAD, KOCHI-35. BY ADV. MR. E.M.JOSEPH RESPONDENTS/CLAIMANT AND RESPONDENTS 1 AND 2:- ---------------------------------------------------------------- 1. KUTTIASAN MISHAL (MINOR), 7 YEARS, REP. BY MOTHER KUTTIASSAN SUHARA, D/O. YOOSAF, PUTHIYANGADI DESOM, MADAYI.P.O, KANNUR DISTRICT. 2. M.P. SIJU, S/O. BALAKRISHNAN, PRABHA MANDIR, KOOTHUPARAMBA.P.O. 3. THUNTHAKACHI ALI MUHAMMED, S/O. KAREEM, KOZHI BAZAAR, PUTHIYANGADI, MADAI.P.O, KANNUR DISTRICT. ADV. MR. V.V.ASOKAN FOR R2 MR. P.P.RAMACHANDRAN FOR R2 MS. S.MUMTAZ FOR R3 MS. K.DEEPA (PAYYANUR) FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... M.A.C.A.No.1825 OF 2008 ............................................. Dated this the 7th day of December, 2009 J U D G M E N T This is an appeal preferred by the insurance company against the award of the Claims Tribunal, Thalassery in OP (MV)No.1372/2001. The claimant was awarded a sum of Rs.42,000/=. 2. The insurance company raised the contention that the driver did not have any valid driving licence. The Tribunal held that the insurance company has not proved the same and affixed the liability on the insurance company. It is submitted by the learned counsel for the insurance company that it had filed an application calling upon the driver to produce the driving licence and it was not produced. 3. The learned counsel appearing for the owner would contend that, according to the instructions, his client was not the owner of the vehicle on the date of the accident. So, the interesting questions involved are who was the owner of the vehicle on the date of the accident and whether the driver did have any valid driving licence and whether the : 2 : M.A.C.A.No.1825 OF 2008 insurance company is entitled to get reimbursement from the owner. As held by a Division Bench of this Court in Ashraf v. Fathima(2004(2) KLT 598), the contract of insurance is between the insured and insurer and therefore most probably as the policy is in the name of the insured, the insurance company will be entitled to recover the amount only from the registered owner. If the vehicle is sold to third person, then there can be a clause whereby the registered owner is also permitted to get the amount from the said person. These are all matters which requires consideration at the hands of Tribunal. 4. Therefore the award under challenge, so far as it relates to inter se liability between the insurance company, owner and driver are concerned, is set aside. The owner and driver are permitted to file written statements and produce necessary documents in respect of their contentions. Need less to say that the insurance company can also raise additional contentions and produce additional evidence. Parities are directed to appear before the Tribunal on 11.1.2010. : 3 : M.A.C.A.No.1825 OF 2008 Disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 4 : M.A.C.A.No.1825 OF 2008