An insurer may recover compensation from the owner if the driver was unlicensed, thereby breaching the insurance policy conditions.

JUDGMENT

Ravikumar, J.

The captioned appeal has been preferred by the insurer, the third respondent in O.P.(M.V)No.661 of 2005 on the files of the Motor Accidents Claims Tribunal, Manjeri against the award dated 18.5.2011, thereon. The 2nd respondent therein who is the owner of the vehicle involved in the accident filed the captioned Cross Objection in the said appeal. Respondents 1 and 3 herein were respectively the driver and the claimant in the claim petition.

2. In the claim petition it is alleged that the third respondent/claimant sustained injuries when motor vehicle bearing Reg.No.KL 11C 8289 driven by the first respondent knocked her down while she was walking alongside the road near Areecode Bus Stand, on 2.10.2004 at about 8.30 A.M. Her right forearm was crushed and amputated in the accident. It is in the said circumstances that the claim petition was filed alleging rash and negligent driving of the M.A.C.A.No.2241/2011 & 2 aforesaid vehicle by the first respondent and taking up necessary contentions to saddle the second respondent vicariously liable and the appellant with liability to indemnify the second respondent. The first respondent remained ex parte before the Tribunal. Though notice was issued to the first respondent in this proceedings also he did not care to appear and contest the matter. Before the Tribunal the second respondent and the appellant/third respondent filed separate written statements. The claimant got examined herself as PW1 and got marked Exts.A1 to A11(dt). Ext.X1 is a third party document and on the side of the appellant/third respondent therein Exts.B1 and B1(a) were got marked. The respondents therein did not adduce any oral evidence. After a careful scanning of the evidence on record and appreciating the arguments advanced by both sides the Tribunal arrived at the finding that the accident in question occurred due to the rash and negligent driving of the driver of the offending vehicle viz., the first respondent. The Tribunal also found that the first respondent had no driving licence at the time of the accident. At the same time, it was found that since the appellant/third respondent admitted the insurance coverage for the offending vehicle at the time of the accident the appellant/3rd respondent got liability to compensate the claimant. It was further found that the the appellant/third respondent could not claim reimbursement as they had not produced the policy to prove the M.A.C.A.No.2241/2011 & 3 violation of the conditions thereunder. In the said circumstances, the impugned award was passed to the effect that the third respondent/the claimant is entitled to get an amount of ₹ 3,37,906/- with interest at the rate of 9% per annum from the date of petition till realisation. The captioned appeal has been preferred by the insurer feeling aggrieved by the award to the extent it declined the right to recover the amount from the second respondent/the owner of the offending vehicle after satisfying the award.

3. Along with the appeal the appellant has produced certified copy of policy No.25605/2004 of the offending vehicle, the existence of which was specifically admitted in its written statement filed before the Tribunal. Vide separate order, we have allowed the application in the said circumstance as also in view of the fact that for coming into a correct conclusion insurance policy containing full terms and conditions is highly required and the same was marked as Ext. B1(b). Essentially, the same was produced by the appellant to show that it contained a specific condition that the person driving the vehicle in question must possess an effective driving licence at the time of the accident and he should be a person not disqualified from holding or obtaining such a licence. In the light of the specific finding of the Tribunal that the first respondent was not having a valid driving licence M.A.C.A.No.2241/2011 & 4 at the time of the accident and the clause referred above contained in Ext.B1(b)