MANAGER Vs. A.S.BALKISH BANU

JUDGEMENT

(1.) This appeal is by the Insurer challenging the award of compensation of Rs.58,000.00 to the claimant for the injuries suffered by her.

(2.) The main contention of the Insurer is that the offending vehicle did not possess a valid permit and the driver of the said offending vehicle did not possess the requisite endorsement to drive the vehicle. In short, it is the case of the Insurer that it would not be liable to pay compensation due to breach in the policy conditions.

(3.) In the light of the judgment of the Full Bench of this Court in the case of NEW INDIA INSURANCE & CO. LIMITED Vs. YALLAVA & OTHERS - 2020 (2) AKR 484, the Insurer would have to first satisfy the compensation and thereafter, proceed to recover the same from the owner of the offending vehicle. As a consequence, the award of Rs.58,000.00 to the claimant is affirmed and it is held that the Insurer shall pay the same to the claimant and thereafter, shall proceed to recover the same from the owner of the offending vehicle. The appeal is, therefore, dismissed.