IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 MACA.No. 372 of 2006(B) -------------------------------- OPMV.926/1996 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA. .................... APPELLANT(S): 2ND RESPONDENT: --------------------------------------- SAJI, S/O. KUNJUPILLAI, KAVALAKKAL HOUSE, ERAMALLOOR. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENT(S): RESPONDENTS 1 & 3: --------------------------------- 1. T.M. SAJI, THEKOKKATTU HOUSE, AYAKKADU, KOTHAMANGALAM. 2. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE, PERUMBAVOOR. ADV. S. MAMMU & SMT.K.C.BEENA FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 372 OF 2006 = = = = = = = = = = = = = = = Dated this the 4th day of December, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)926/96. The short point that arises for determination in this appeal is regarding the question whether there can be an order of recovery to the insurance company against the driver of the vehicle. This Court in the decision reported in Ashraf v. Fathima 2004 (2) KLT 598 had laid down that even when the vehicle is transferred and another person is in possession since the contract of insurance is between the insurance company and the registered owner in whose name the policy stands, the insurance company can only recover the amount from the insured and not from others. So far as the contract of insurance is concerned driver is not a party to the contract and there is no privity of contract between the insurance company and the driver. It is true that owner is vicariously liable for the act of the driver and as there is a breach of M.A.C.A. 372 OF 2006 -:2:- policy condition the owner is bound to reimburse to the insurance company. Therefore I modify the award and direct the insurance company to realise the amount from the owner against whom it had entered into a contract. The MACA is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-