IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 MACA.No. 399 of 2006(B) --------------------------- OPMV.270/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD .................... APPELLANT(S): /RESPONDENTNO.4 ------------------------------------------ M/S.ORIENTAL INSURANCE CO. LTD., HASSAN BRANCH, KARNATAKA, NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, MOTOR THIRD PARTY CLAIMS CELL, METRO PALACE, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, KOCHI-35. BY ADV. SRI.S.MAMMU RESPONDENT(S)/PETITIONER: ------------------------------------- 1. ANU, AGED 29 YEARS, S/O.JAVERA SHETTY, BALLORA, HASSAN DISTRICT, KARNATAKA STATE. 2. NAGESH, S/O.KANTHARAJU, HANJITHILY HANCHAR, P.O.HANCHOOR, ALUR TALUK, HASSAN DISTRICT, KARNATAKA. ADV. SRI.T.MADHU FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO.399 OF 2006 = = = = = = = = = = = = = = = Dated this the 13th day of September, 2010. J U D G M E N T 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. 2. 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 M.A.C.A. 399 OF 2006 -:2:- 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. M.N. KRISHNAN, JUDGE. ul/-