IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 372 of 2006()
1. SAJI, S/O. KUNJUPILLAI,
... Petitioner
Vs
1. T.M. SAJI,
... Respondent
2. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.GEORGE SEBASTIAN
For Respondent :SMT.K.C.BEENA
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :04/12/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 372 OF 2006
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Dated this the 4th day of December, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)926/96.
The short point that arises for determination in this appeal is
regarding the question whether there can be an order of
recovery to the insurance company against the driver of the
vehicle. This Court in the decision reported in Ashraf v.
Fathima 2004 (2) KLT 598 had laid down that even when
the vehicle is transferred and another person is in possession
since the contract of insurance is between the insurance
company and the registered owner in whose name the policy
stands, the insurance company can only recover the amount
from the insured and not from others. So far as the contract
of insurance is concerned driver is not a party to the contract
and there is no privity of contract between the insurance
company and the driver. It is true that owner is vicariously
liable for the act of the driver and as there is a breach of
M.A.C.A. 372 OF 2006
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policy condition the owner is bound to reimburse to the
insurance company. Therefore I modify the award and direct
the insurance company to realise the amount from the owner
against whom it had entered into a contract.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-