NATIONAL INSURANCE COMPANY Vs. VENUGOPALAN

JUDGEMENT

(1.) THIS appeal is filed by the National Insurance Company challenging the award dated 27. 05. 2008 passed in O. P. (M. V.) No. 1443 of 20002 on the file of the motor Accident Claims Tribunal, Ernakulam. The main contention in the appeal is that since the driver who was the 2nd respondent before the court below, did not have a valid driving licence, the Insurance Company ought to have been completely exonerated from the liability to satisfy the award. The Tribunal while passing the award, directed the appellant to satisfy the award and recover the same from the owner and driver of the offending vehicle.

(2.) THE vehicle involved is a taxi car. The 3rd respondent has produced photo copies of the badge as well as the driving licence to show that he was holding a badge as well as a valid driving licence at the time of the accident. Since that is a matter to be considered by the Tribunal and also since the 3rd respondent driver was ex parte before the Tribunal, that authority did not have the opportunity of considering the question as to whether the driver was having a badge as well as a valid driving licence. Hence, the 3rd respondent is given an opportunity to produce the original driving licence as well as the badge in the proceedings in which the Insurance company/appellant would be seeking recovery of the award amount from the owner and driver. No other contention is raised in this appeal which is accordingly dismissed giving the opportunity to the driver to produce the original badge and driving licence before the Tribunal at the appropriate stage. Dated this the 4th day of June, 2009.