VIJAYAKUMAR Vs. CHITRA JOMON

JUDGEMENT

(1.) Driver of a motor cycle, owned by a private limited company, who has been directed to pay back the compensation amount to the Insurance Company by invoking Section 149(4) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is in appeal. Heard the learned counsel for the appellant and the learned counsel appearing for the Insurance Company. In spite of serving notice on the 2nd respondent (Managing Director of the Company), who is the owner of the vehicle, there is no appearance.

(2.) As per the award passed in O.P. (M.V.) No. 869 of 2012 on the file of the Motor Accidents Claims Tribunal, Ernakulam, the claimant was awarded a total compensation of Rs. 90,000/- for the injuries sustained in a motor accident. The offending vehicle was driven by the appellant (2nd respondent before the Tribunal). It is an admitted fact that at the time of accident, he had no valid driving licence. Learned counsel for the Insurance Company contended that his licence had expired five years before the accident. It is true that he is liable to be proceeded under the provisions of the Act as well as under the provisions of the other penal laws for driving a vehicle through a public road without possessing a valid licence. But the question here is whether by invoking Section 149(4) of the Act, can he be directed to repay the amount paid to the Insurance Company. On a reading of Section 147(3) and Section 149(4) of the Act, it will be clear that the right to recover conferred on the Insurance Company on payment of compensation can be invoked only against the person in whose favour there is a policy coverage. In other words, the liability to take a policy in respect of a motor vehicle is on the owner of the vehicle. Admittedly, the 2nd respondent is the owner of the vehicle and it had taken a policy in respect of the offending vehicle. The fault on the part of the appellant is that he drove the vehicle without a valid driving licence and caused the accident. However, the right to recover cannot be invoked against the driver, although he may be the principal tort-feasor. The liability can be invoked only against the owner of the vehicle and not the driver. Therefore, that part of the finding of the Tribunal cannot be sustained.