UDAYABHANU Vs. JANKI

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, North Paravur in O.P. (MV)32/91. The claimant sustained injuries in a road accident and she has been awarded a compensation. Since the first respondent rider did not have a valid driving licence the trial court ordered reimbursement of the amount from the owner of the vehicle. It is against that decision the owner has come up in appeal.

(2.) HEARD the learned counsel for the appellant as well as the insurance company. The learned young counsel would canvass for the position that the insurance company cannot get exonerated from the liability. According to the appellant he is the owner of the scooter involved in the accident. But he would contend he had authorised only one of his peons namely Subrahmonian to take the vehicle. But it appears that Subrahmonian had permitted the first respondent in the claim petition to ride the vehicle and that has resulted in the accident.