JUDGMENT :

1. Is the owner of the offending vehicle, who bonafide believed the driving licence of the driver as a genuine one, liable to restitute the compensation amount paid by the Insurance Company, is the question mooted in this appeal.

2. Above appeal has been preferred by the 1st respondent/owner in O.P (MV) No.202 of 2007 on the file of Motor Accidents Claims Tribunal, Perumbavoor, challenging the pay and recovery ordered by the Tribunal.

3. As per the impugned award, the learned Tribunal awarded compensation of Rs.5,66,061/-to the injured, and directed the Insurance Company to deposit the amount with interest. As the driving licence of the 2nd respondent was found fake, the Insurance Company was permitted to recover the compensation amount deposited by them from respondents 1 and 2 i.e. the owner and driver of the offending vehicle. That order is challenged by the 1st respondent/owner in this appeal.

4. Admittedly, KL-7/AL 5804 stage carriage was owned by the 1st respondent/appellant, and it was driven by the 2nd respondent. That vehicle was duly insured with the 3rd respondent-Insurance Company. It was proved before the Tribunal that, the accident occurred due to the ras