SIVASANKARAN Vs. REJIN

JUDGEMENT

(1.) The owner of the vehicle is challenging the permission granted to the insurance company to recover the award amount from the owner and driver of the vehicle after payment of the amount to the claim petitioner.

(2.) The claim petitioner, who sustained injuries in an accident occurred on 27/2/2011, filed the petition under Sec. 166 of the Motor Vehicles Act, 1988 against the driver, owner and insurer of the autorickshaw involved in the accident and the Tribunal, as per the impugned award, recorded a finding that the accident occurred because of the negligence on the part of the driver of the auto rickshaw and since the driver of the auto rickshaw was having only a licence to drive Light Motor Vehicle (LMV), the Tribunal allowed pay and recovery in favour of the respondent insurance company.

(3.) Heard Sri. P. Jayaram, the learned counsel for the appellant, owner of the vehicle, Sri.R. Sreehari, the learned counsel for the 1st respondent, Sri. C. Mohandas, the learned counsel for the 2nd respondent and Sri. Unnikrishnan V. Alapatt, the learned counsel for the 3rd respondent insurance company.