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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B. SURESH KUMAR, J.
Jibin, S/o Kuriakose – Appellant
Versus
The Oriental Insurance Co. Ltd. – Respondent
M.A.C.A. No. 2488 of 2015 O.P. (M.V.) 341/2008 of Motor Accident Claims Tribunal, Muvattupuzha, Dated 21-01-2013
Decided on : 09-10-2015
Insurance - Motor Accidents Claims Tribunal - Liability of Insurer - Driver not holding required badge - Interpretation of legal provision
Fact of the Case:
The appellant, owner-cum-driver of a vehicle involved in an accident, appealed the decision of the Tribunal which allowed the insurer to recover compensation from the appellant due to the driver not holding a required badge.
Finding of the Court:
The court found that as per the decision of a Full Bench, the insurer of a vehicle involved in an accident is not liable to be exonerated from the liability to indemnify the owner for the reason that the driver of the vehicle was not holding a badge to drive the transport vehicle involved in the accident.
Issues: The issue was whether the insurer could recover compensation from the appellant due to the driver not holding a required badge.
Ratio Decidendi: The court relied on the decision of the Full Bench which clarified the liability of the insurer in such cases.
Final Decision: The appeal was allowed, and the direction in the impugned award permitting the respondent to recover the compensation from the appellant was vacated. The Tribunal was directed to release the statutory deposit made by the appellant under Section 173 of the Motor Vehicles Act.
JUDGMENT
P.B. SURESH KUMAR, J.:
The owner-cum-driver of a vehicle involved in an accident, which was the subject matter of a claim petition before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.
2. One Jayakumar filed the claim petition, alleging that he sustained injuries in the accident took place on 11.11.2007 involving an autorikshaw owned and driven by the appellant. The respondent was the insurer of the vehicle. The respondent contested the claim petition on the ground that the appellant who was driving the autorikshaw at the time of accident was not holding a badge required to drive the said transport vehicle and therefore, they are entitled to recover from the appellant the compensation, if any, payable to the claimant. The Tribunal accepted the contention raised by the respondent and permitted them to recover the compensation directed to be paid to the claimant from the appellant. The appellant is aggrieved by the said decision of the Tribunal.
3. Heard the learned counsel for the appellant as also the learned counsel for the respondent.
4. A Full Bench of this Court has held in National Insurance Company Ltd. v. Jisha, 2015 (1) KLT 1 that the insurer of a vehicle involved in an accident is not liable to be exonerated from the liability to indemnify the owner for the reason that the driver of the vehicle was not holding a badge to drive the transport vehicle involved in the accident. In the light of the said decision of the Full Bench, the impugned award is liable to be interferred with.
5. In the result, the appeal is allowed and the direction in the impugned award permitting the respondent to recover the compensation from the appellant is vacated. The Tribunal is directed to release the statutory deposit made by the appellant under Section 173 of the Motor Vehicles Act. All the interlocutory applications in the appeal are closed.
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