IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 MACA.No. 184 of 2007(D) ------------------------------- OPMV.63/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... APPELLANT: PETITIONER: -------------------------------- N.ABDULLAH, S/O. N.BEEFATHU, AGED 33 YEARS, NALOMATTAM HOUSE, ALAKKODU ROAD, MANNAR, THALIPARAMBA. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENTS/RESPONDENTS: -------------------------------------- 1. K.G.RAGHUNADHAN NAIR, S/O. GOPINATHAN NAIR, KUNNINU HOUSE, KUDAYATHOOR P.O., IDUKKI. 2. M.MOHASIN, S/O. NUMAN BHAI, MULLAN'S HOUSE, BELLARD ROAD, KANNUR. 3. UNITED INDIA INSURANCE COMPANY LTD., PAYYANNUR. * R4: SRI.M.P. ABDULLA, S/O MAMMU HAJI, MUTTANTAKATH PUTHIYA PURAYIL, HOUSE NO.IX/660, THRICHAMBARAM, TALIPARAMBA. * R4 IS IMPLEADED AS PER ORDER DATED 6.8.08 IN I.A.257/07. R3 BY ADV. SRI.S.MAMMU THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 06/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.256 OF 2007 IN M.A.C.A. NO. 184 OF 2007 DISMISSED 6/8/08 SD/- M.N. KRISHNAN, JUDGE. [ True Copy ] P.A. TO JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 184 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of August, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)63/99. The Tribunal held that the claimant is entitled to a compensation of Rs.27,700/- and directed the insurance company to deposit the amount and then a further direction was given to get it reimbursed from the 2nd respondent namely, the appellant herein. It is against the order of reimbursement the appellant has come up before this Court. 2. Along with the appeal the appellant has produced a photocopy of the registration certificate which would indicate that the present appellant had transferred the vehicle to one Sri.M.P. Abdulla, S/o Mammu Haji, Muttantakath Puthiya Purayil, House No.IX/660, Thrichambaram, Taliparamba. Along with the appeal he also filed an application for impleading the said person and notice had been issued to him and he had been served. Therefore I M.A.C.A. 184 OF 2007 -:2:- am inclined to allow the impleading application and the Registry is directed to carry out the amendment in the memorandum of appeal. 3. The crucial question is regarding the ownership of the vehicle on the date of the accident. A perusal of the award would reveal that the accident had taken place on 14.10.98. if the particulars supplied as Annexure-A1 is correct then it was Sri.M.P. Abdulla who became the registered owner of the vehicle with effect from 8.5.97. So on the date of accident Sri.N. Abdulla, namely, the appellant has nothing to do with the vehicle. But, unfortunately this appellant did not raise any contention before the Tribunal and the Tribunal was not in a position to consider those contentions. But, if really he is not the owner of the vehicle it is not correct to impose liability on him and it must be on the proper registered owner of the vehicle. Further it is also to be held that when one is not the owner of the vehicle necessarily the driver is not a person employed by him and therefore he may not be held liable for the act of a person who was not his employee. So the matter requires reconsideration with respect to the ownership of the vehicle. M.A.C.A. 184 OF 2007 -:3:- Therefore, the award under challenge is set aside to the limited extend of deciding the question of ownership. At the same time if there is a valid licence for the driver that also can be considered by the Tribunal. Therefore, I permit the present appellant herein to file an application for impleadment of Sri.M.P. Abdulla again before the Tribunal and he must also take out notice to the driver. The claimant may not be interested in the proceedings for the reason he has already received the compensation. After serving notice on these persons and impleading Sri.M.P. Abdulla, the Tribunal shall permit all the parties to produce documentary as well as oral evidence in support of their respective contentions and decide the issue afresh. Till such time the revenue recovery proceedings shall not be proceeded with and it will depend upon the final outcome of the case. Parties are directed to appear before the Tribunal on 16.9.08. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-