IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 MACA.No. 923 of 2005() ---------------------- OPMV.850/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... APPELLANT(S): APPELLANT ----------------------- SHAJAL GEORGE, ALOOKKARAN HOUSE, P.O.VADOOKARA, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. BIJU @ VIJAYAKUMAR, S/O.RAMASWAMY, PUTHENVEETTIL HOUSE, P.O.VELLANIKKARA, THRISSUR DISTRICT. 2. THILAKAN @ SASIDHARAN, S/O.VASU, KONNIPARAMBIL HOUSE, P.O.VELLANIKKARA, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., THRISSUR. ADV. SRI.C.V.BIMAL ROY FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON 24/03/2009 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... M.A.C.A. No.923 of 2005 .................................................................... Dated this the 24th day of March, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant. The grievance of the appellant is against that portion of the award permitting personal recovery from him as registered owner on the ground that the scooter involved in the accident was driven by a person who did not have a driving licence. Counsel for the appellant contended that the claimant was the employee under him and he took the vehicle without permission of the appellant and allowed to be driven by another person who did not have a licence. He further contended that the claimant's whereabouts are not known as of now. Even though we do not find any ground to interfere with the award authorising recovery from the appellant, we are of the view that recovery from appellant is called for only if the amount is realised by the beneficiary. In other words, Insurance Company is entitled to 2 recover the compensation amount from the appellant only after the claimant realises the amount. Appeal is dismissed with the above observation. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms