JUDGMENT :

The appellants are the owner and the driver of the vehicle which was involved in an accident. The person who was injured in the accident filed a claim petition in which an award was passed which is impugned herein. The Tribunal awarded an amount of Rs.46700/- with interest @8% per annum from 09.08.2004. The Tribunal also found violation of policy conditions insofar as the driver of the vehicle, the 1st respondent having no driving license and the offending vehicle involved in the accident having no fitness certificate. On the ground of violation of policy conditions, the Insurance Company was permitted recovery from the owner of the vehicle, but however was directed to pay the amount to the claimant. The right granted to the Insurance Company to recover the amount is challenged in the appeal.

2. The learned Counsel for the appellants submits that going by the decision in 2014 (1) KLT 479 [Santhosh v. Binu] it was for the Insurance Company to prove the absence of the fitness certificate. Having gone through the decision this Court is unable to accept that there is any such proposition declared therein, relying on National Insurance Company Ltd. v. Swaran Singh (2004 (1) KLT