NEW INDIA ASSURANCE COMPANY LTD Vs. VENUGOPALA

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Thodupuzha in O.P.(MV)340/06. The claimant sustained injuries in a road accident and the Tribunal awarded a compensation of Rs.22,800/- and directed it to reimburse from the insurance company. It is against that decision the insurance company has come up in appeal.

(2.) HEARD the learned counsel for the appellant as well as the 3rd respondent, owner. The two points that emerge for consideration in the appeal are, one, regarding the question whether the absence of a badge would amount to a breach of policy condition and secondly, when there is a transfer of the vehicle, who is to be affixed with the liability.

(3.) THEN comes the question of reimbursement. It has to be stated that by virtue of the decision of this Court reported in Ashraf v. Fathima 2004 (2) KLT 598 since the contract of insurance is between the insurer and the insured the insurer can proceed only against the insured. Therefore that is also a matter which requires consideration. If such is the contingency and there is a finding to the effect that Sudhish is the owner of the vehicle then the insured cannot be left without any remedy and there can be a direction for reimbursement of the amount by Sudhish to the insured. So all these points requires consideration after the impleadment of Sudhish S/o Kochappu. Since the dispute is only with respect to reimbursement the claimant need not be dragged on. The learned counsel for the appellant also prays for an opportunity to adduce evidence with regard to the existence of a valid driving licence as on the date of the accident, that also can be permitted.