VINIAK SHARMA Vs. UNITED INSURANCE CO. AND ORS.

JUDGEMENT

(1.) This appeal is of the year 2008. The owner of the vehicle has filed this appeal without making mandatory deposit as required under Section 173(1) of the Motor Vehicles Act, 1988. He is aggrieved by the order of the Tribunal directing the Insurance Company to pay the claimants and right of recovery from the owner of the vehicle-the proposed appellant herein.

(2.) The case was admitted on 10.11.2008 and then adjourned from time to time. The appellant's counsel was put to notice as to the maintainability of the appeal by order dated 06.10.2016 which reads as follows:

(3.) Counsel for the respondents while objecting the appeal placed reliance on two judgments, one by the Division Bench of this Court in case titled United India Insurance Co. Ltd. v. Mohd. Maqbool Reshi, 1999 KLJ 756: JKJ Soft JKJ/11715 and on case titled Pareeth & Ors. v. Janaiya & Ors., 2015 ACJ 295 decided in full Bench of the Kerala High Court in which it has been opined that when direction is given to the Insurance Company to recover the amount from the owner, the owner will come within the meaning of the term 'person who is required to pay any amount in terms of the award' contained in the proviso to Section 173(1). Paragraphs Nos. 35 and 36 of which reads as follows: