This appeal is at the instance of the Insurance company against the
impugned judgment of the High Court dated 2/1/2001 dismissing the appeal filed by
the Insurance company in limine at the admission stage itself. The only grievance
made by learned counsel for the appellant is that in view of the observations recorded
by the tribunal in its award dated 23/2/2000, it appears the licence of the driver of the
vehicle had not been issued by the DTO Kamrup and as such the licence produced by
the driver was a fake one. He has accordingly prayed that in this situation the owner
of the vehicle be directed to reimburse the sum awarded to the claimant which has
admittedly been paid in the meanwhile. Notices have been issued to the owner-
respondent No.2 and he has not put in appearance, though served. The record also
discloses that he had not appeared before the tribunal as well and that he had been
proceeded against ex-parte.
In this view of the matter, we allow this appeal, set aside the impugned order
of the High Court dated 2/1/2001 and direct that it will be open to the appellant
Insurance company to recover the compensation money from the owner of the vehicle,
respondent No.2. There will be no order as to costs.
April 30, 2009. ( B. SUDERSHAN REDDY )