V M KUNJUMON Vs. MEERA

JUDGEMENT

(1.) The respondent No. 1 in O.P. (MV) No. 1322 of 2006 on the file of the Motor Accidents Claims Tribunal, Ottapalam is the appellant. The appeal is directed against the award dated 10.6.2010 passed in the said original petition. The respondent No. 1 herein is the claimant. The appellant herein is the owner of the vehicle and the respondent No. 2 is the driver. The claim petition was filed claiming compensation for the injury sustained by the claimant in the motor vehicle accident occurred on 28.6.2005.

(2.) The evidence consists of oral testimony of RW 1, Exhs. A1 to A7, B1 and X1. On the basis of the evidence on record, the Tribunal held that the accident occurred due to negligent act of the respondent No. 2. The Tribunal allowed the claimant to recover and realize a sum of Rs. 18,160 with 8 per cent interest from the date of petition till the date of realization and costs of Rs. 1,000 from respondent Nos. 1 to 3. The Tribunal further directed the respondent No. 3, insurance company, to deposit the amount awarded within one month and can recover the amount from respondent Nos. 1 and 2. Aggrieved by the direction allowing the insurance company to recover the award amount from respondent Nos. 1 and 2, this appeal is filed.

(3.) The insurance company contended that the respondent No. 2 driver was not holding a valid badge at the time of the accident. RW 1, who is the Assistant Motor Vehicle Inspector, testified before the Tribunal that on the date of accident the respondent No. 2 was not holding a valid badge. He has produced Exh. X1 document, which is the copy of the driving licence particulars and Exh. B1 is the copy of the driving licence. Exh. B1 would show that the respondent No. 2 was holding a valid driving licence at the time of the accident. Exh. X1 particulars would show that the validity of the badge expired on 4.2.2004 and was renewed only on 30.6.2005. The date of accident was on 28.6.2005. The Tribunal held that appellant had violated the policy conditions by permitting the respondent No. 2 to drive the vehicle without valid driving licence. The Tribunal also held that the respondent No. 3 shall deposit the amount initially and can recover the amount from respondent Nos. 1 and 2. It is a fact that the driver was holding valid licence at the time of accident. Exh. X1 particulars of driving licence would show that the driver was not holding valid badge at the time of accident. The validity of the badge which he was holding had expired on 4.2.2004 and the same was renewed w.e.f. 30.6.2005. The only violation pointed out is that the driver was not holding valid badge at the time of the accident. He failed to renew the badge which he was holding prior to the date of accident.