The Oriental Insurance Co.Ltd. v. Noufal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 MACA.No. 662 of 2012 () ------------------------ AGAINST THE AWARD IN OPMV 2133/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM DATED 22-10-2011 APPELLANT/3RD RESPONDENT IN THE OP:
-------------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD.
REPRESENTED BY THE ASSISTANT MANAGER & AUTHORIZED SIGNATORY THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE METRO PALACE, ERNAKULAM NORTH, KOCHI-18.
BY ADV. SRI.A.R.GEORGE RESPONDENTS/RESPONDENTS 1 AND 2 IN THE OP:
----------------------------------------------------------------------------------------
1. NOUFAL.A.C.
S/O.USSAIN, ARETTUMCHALIL HOUSE, THAMARASSERY.P.O. KOZHIKKODE.673 603.
2. SAINUDHEEN S/O.MOY, ARAYATTINCHALIL VEEDU, SOUTH VAZHAKKULAM PERUMBAVOOR.683 105.
BY ADV. SRI.K.A.SALIL NARAYANAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JV
P.B.SURESH KUMAR, J.
------------------------------- M.A.C.A. No.662 of 2012 ---------------------------------------------- Dated this the 12th day of February, 2015
JUDGMENT
The insurer in a proceedings for compensation before the Motor Accident Claims Tribunal has come up in this appeal.
2. One Santhosh Kumar preferred the original petition for compensation alleging that he sustained injuries in a motor accident took place on 06.09.2007.
3.
The appellant was the insurer of the vehicle involved in the accident and respondents 1 and 2 were the owner and driver of the vehicle respectively. The essence of the contention of the appellant before the Tribunal was that the second respondent was not holding a valid driving licence at the time of accident and that therefore, they are entitled to recover the compensation from the owner. It is conceded that the driver had the licence, but the same was renewed only after the accident.
MACA No.662/2012 4.
The impugned award does not indicate that the Tribunal has considered the contention of the appellant. It is now trite that if the driver of the vehicle does not hold a valid licence at the time of accident, the insurer is entitled to recover the compensation from the insured.
In the circumstances, the impugned award is set aside and the matter is remitted to the Tribunal to decide the issue as to the right of the insurer to recover the compensation from the owner of the vehicle, after affording the parties an opportunity of hearing. In so far as the award in favour of the claimant is confirmed, it is made clear that notice need not be issued to the claimant in the further proceedings directed as per this judgment.
Sd/- P.B. SURESH KUMAR, JV JUDGE