National Insurance Co vs N.K.Binu on 26 September, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1110 of 1996(C)



1. NATIONAL INSURANCE CO.
                      ...  Petitioner

                        Vs

1. N.K.BINU
                       ...       Respondent

                For Petitioner  :SRI.LAL GEORGE

                For Respondent  :SRI.G.S.REGHUNATH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :26/09/2006

 O R D E R
                          THOTTATHIL B. RADHAKRISHNAN, J
                        ---------------------------------------------------------
                                  M.F.A. NO. 1110 OF 1996
                     --------------------------------------------------------------
                       Dated this the 26th day of September, 2006



                                           JUDGMENT

The insurer is the appellant. The owner does not contest. The driver was

found to have driven the vehicle without valid license. Hence following the

judgment of the Apex Court in National Insurance Co. Ltd., vs. Swaran Singh

(SC) (2004 (1) KLT 781), the appellant is entitled to reimbursement from the

owner of the vehicle, on satisfaction of the award.

In the result the impugned award is modified and it is directed that the

insurer, on satisfying the award, will be entitled to reimbursement from the

insured-owner, in execution of the impugned order as modified by this appellate

award. No costs.

THOTTATHIL B. RADHAKRISHNAN,
JUDGE.

RV