JUDGMENT

Najmi Waziri, J.(Oral)--The award of compensation dated 03.01.2014 in MACP No. 223/13 has been impugned on the ground that while the insurer has been made liable to pay the amount of compensation, no right of recovery has been granted to it against the owner or the driver of the offending-insured vehicle.

2. It is the appellant's case that a person known to the owner of the insured vehicle, who also lives in the same locality had come to her home seeking some compact discs, which were kept in the car; she gave the keys and got busy with her domestic work; she never authorized nor permitted the said person to drive the vehicle or to take it away, the said driver has admitted that he did not possess a driving licence. His driving of the said vehicle resulted in the motor-vehicular accident, causing one fatality and serious injuries to another person. The Court would note admission of the owner of the vehicle did not complain to the police against the person to whom the car key had been given; that he was not authorized to drive the offending-insured vehicle. It would be the normal and rational response if the owner of the vehicle found that the vehicle had been misused, es