ARCHANA AND ANOTHER Vs. GEORGE AND ANOTHER

JUDGEMENT

(1.) This appeal is preferred against the award in O.P.(M.V.) No.1089 of 2009 of the Motor Accidents Claims Tribunal, Irinjalakuda by the owner and driver of the vehicle KL-3/B-8620. On 21.02.2009 at 6.45 p.m., the vehicle met with an accident while plying along Chalakkudy-Thrissur N.H road. When it reached in front of Vrindavan Theatre at Kodakara, the vehicle knocked down one George who sustained serious injuries. The learned tribunal awarded an amount of Rs. 82,881/- with 7.5% interest and proportionate cost as compensation. The insurer was directed to satisfy the award and reimburse the amount from the driver and owner of the vehicle. Being aggrieved by that, they preferred this appeal.

(2.) Learned counsel appearing for the appellant contended that there was no violation of the policy conditions since the renewal application was pending before the Regional Transport Authorities for getting fresh licence. Subsequently, the above licence was renewed and the direction to reimburse the amount from the driver and owner is illegal.

(3.) According to Section 3 of the Motor Vehicles Act, 1988, no person shall drive a motor vehicle in any public place unless he holds of an effective driving licence issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle (other than a motor cab or motor cycle) hired for his own use or rented under any scheme made under sub-section (2) of section 75) unless his driving licence specifically entitles him so to do. According to Section 4, no person under the age of eighteen years shall drive a motor vehicle in a public place and no person under the age of twenty years shall drive a transport vehicle in any public place. Section 5 of the Motor Vehicles Act says about the Responsibility of owners of motor vehicles for contravention of sections 3 and 4 which reads as; " No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. If that be the position, it is the primary responsibility of the owner of the vehicle to satisfy the conditions of driving licence before entrusting the vehicle to a person.