IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1303 OF 2002

ORIENTAL INSURANCE CO.LTD. .......APPELLANT(S)  

Versus

JYOTSNA SARKAR & ORS. .....RESPONDENT(S)

O R D E R

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.

......2.

- 2 -

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.

  ...........................J.    ( HARJIT SINGH BEDI )

New Delhi;    ...........................J. April 30, 2009.           ( B. SUDERSHAN REDDY )