N BASAVARAJAPPA Vs. MANJAPPA

JUDGEMENT

(1.) THIS appeal is by the owner of the lorry bearing registration No.KA-21/7755. He is aggrieved by the observation of the Tribunal giving opportunity to the insurer to proceed against the insured to get back the compensation amount paid in accordance with law.

(2.) AS could be seen from the certified copy of the judgment under appeal, the appellant who had been arrayed as respondent No.1 before the Tribunal, though had entered appearance through his Advocate, did not file any objection nor contested the petition. The insurer contended that the driver who was on the wheels at the time of the accident did not possess a valid and effective driving license to drive the vehicle and therefore, the insurer is not liable to indemnify the insured. However, the Tribunal having regard to the facts and circumstances of the case and the evidence on record, held that the dispute between the insurer and the insured cannot be a ground to reject the claim of the claimant and therefore held that if the insurer is of the opinion that there has been violation of the terms and conditions of the policy by the insured, it is open to the insurer to proceed against the insured to recover the compensation amount paid by it to the claimant by proceeding in accordance with law. The appellant who kept quite all the while appears to have now become more wiser since the insurer is now reported to have filed a civil suit for recovery of the compensation amount paid by it against the appellant and the appellant appears to have received the suit summons in that case. Therefore, in order to avoid his liability, the appellant has presented this appeal. Along with this appeal, he has filed an application seeking permission to produce additional documents viz., driving license and also the certified copy of the history sheet of the driver to contend that the driver possessed a valid driving license to drive the vehicle in question on the date of the accident.