M.M. JOSEPH Vs. YOONUS

JUDGEMENT

(1.) The owner of a vehicle involved in an accident which was the subject matter of a proceedings for compensation before Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal in directing him to pay compensation to the victim of the accident, even while the vehicle was covered by a policy of insurance.

(2.) The first respondent who sustained injuries in a motor accident took place on 2.12.2010 involving a stage carriage owned by the appellant, has instituted the proceedings for realisation of compensation from the appellant, the second respondent who was driving the vehicle at the time of accident and the third respondent, the insurer of the vehicle.The third respondent contested the proceedings, contending that the second respondent was not duly licensed to drive the vehicle involved in the accident and they are, therefore, entitled to realise the compensation, if any, found payable to the first respondent from the appellant. The Tribunal accepted the contention taken by the third respondent and passed an award permitting them to realise the compensation directed to be paid to the first respondent from the appellant. The appellant is aggrieved by the said decision of the Tribunal. Hence, this appeal.

(3.) Heard the learned counsel for the appellant as also the learned counsel for the third respondent.