United India Insurance Company Ltd. v. Kasthurbhai
2013-07-10
K.RAMAKRISHNAN, S.SIRI JAGAN
body2013
DigiLaw.ai
JUDGMENT : S. Siri Jagan, J. 1. The insurance company in OP (MV) No. 463/2003 before the Motor Accidents Claims Tribunal, Thodupuzha, is the appellant herein. The OP (MV) was filed by respondents 1 to 6 claiming compensation for the death of John, the husband of the 1st respondent and father of respondents 2 to 6, who died in an accident caused by the negligent driving of a vehicle insured with the appellant. The Tribunal found negligence on the part of the driver of the vehicle and awarded a total compensation of Rs. 2,38,000/- with 6% interest from 30/06/2003. The Tribunal found that the appellant insurance company is not liable to indemnify the owner of the vehicle in view of the fact that the vehicle was a private vehicle and there was only an 'Act Only Policy'. But, instead of exonerating the insurance company fully, the Tribunal directed the appellant to pay the award amount with right to recover the amount from the owner of the vehicle. The appellant is aggrieved by that part of the award, whereby the Tribunal directed the appellant to satisfy the award first and then to recover the same from the owner of the vehicle. According to the appellant, once it is found that the insurance company is not liable to indemnify the owner on account of lack of coverage by the policy, there cannot be any direction to the insurance company to first pay the amount and then to recover it from the owner. He relies on the decision of the Supreme Court in National Insurance Co. Ltd. Vs. Parvathneni and Another, We have heard the parties. 2. Insofar as the interest of the appellant has been adequately safeguarded by giving the appellant liberty to recover the amount from the owner, we are not inclined to interfere with the award of the Tribunal. If it is not recoverable from the owner of the vehicle, the only question is whether the claimant should suffer or the insurance company should suffer. Insofar as insurance itself is a social insurance, in that eventuality we think it is better that the insurance company suffers. In the above circumstances, we are not inclined to interfere with the award and accordingly, the appeal is dismissed.