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National Insurance Co. Ltd. vs Ram Rati And Ors. on 18 January, 2008 cites

Rikhi Ram And Anr vs Smt. Sukhrania And Ors on 5 February, 2003

The Tribunal has given the recovery rights to the appellant insurance company since the Tribunal was satisfied that the deceased was not having any valid permit to drive the TSR. The Tribunal, thus held that the owner of the registered vehicle had violated the terms of the permit by handing over the TSR to a person who was not having any valid permit to drive the TSR. Once the appellant insurance company has been given the recovery rights to claim the insured amount from the registered owner/insured of the offending vehicle, no grievance can be made that why such similar rights have not been given to the appellant insurance company to recover the award amount even from the unregistered owner. The Apex Court in Rikhi Ram's case (Supra) as cited by the counsel for the appellant is found to be not applicable in the facts and circumstances of the present case. In the facts of the said case there was a transfer of the vehicle by the insured in favor of the transferee and in view of this background, the Apex Court has held that it would be open to the insurer to recover the amount either from the insured or from the transferee of the vehicle. In the present case the vehicle was not transferred by the registered owner in favor of the deceased driver but the deceased driver was not having the permit in his name to drive the said offending TSR.
Supreme Court of India Cites 9 - Cited by 138 - Full Document
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