Dismissed

Kerala State Insurance Department Ekm v. v.Vsavitha and Others

Kerala HC7 Nov 2013MACA/805/2009

Case brief

AI extract

What is this about?

The Kerala State Insurance Department appealed against a compensation award of Rs. 1.51 lakhs by the Motor Accidents Claims Tribunal. The court dismissed the appeal, holding that the appellant failed to produce evidence proving the deceased was a gratuitous passenger or that the policy was an 'Act only' policy.

What did the court decide?

The appeal filed by the Kerala State Insurance Department is dismissed.

Kerala State Insurance Department Ekm Vs v.Vsavitha and… — Motor Accident Claims | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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THURSDAY, THE 7TH DAY OF NOVEMBER 2013/16TH KARTHIKA, 1935

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MACA.No. 805 of 2009 ( )

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AGAINST THE AWARD IN OPMV 2627/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE.

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APPELLANT(S)/RESPONDENT NO.3:

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KERALA STATE INSURANCE DEPARTMENT, REP.BY ITS DISTRICT OFFICER, DISTRICT OFFICE, (PO) PUTHIYARA, KOZHIKODE TALUK.

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BY GOVERNMENT PLEADER SMT.P.A.RAZIYAGG

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RESPONDENT(S)/PETITIONERS & RESPONDENTS 1 AND 2:

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1. V.V.SATHIA,W/O.LATE V.V.GANGADHARAN, KATTIL PARAMBATH HOUSE, VENGARI AMSOM DESOM (PO) VENGERI.

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2. V.V.SINDHULATHA,D/O.LATE V.V.GANGADHARAN KATTIL PARAMBATH HOUSE, VENGARI AMSOM DESOM (PO) VENGERI, KOZHIKODE TALUK.

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3. V.V.SHIJU,S/O.LATE V.V.GANGADHARAN, KATTIL PARAMBATH HOUSE, VENGARI AMSOM DESOM (PO) VENGERI, KOZHIKODE TALUK.

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4. T.P.KUNHAMED KOYA,S/O.MAMMED KOYA, MALIKAYIL HOUSE, (PO) VENGERI, KOZHIKODE TALUK.

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5. T.P.BASHEER,S/O.T.P.KUNHAMMED KOYA, MALIKAYIL HOUSE, (PO) VENGERI, KOZHIKODE TALUK.

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R1 TO 3 BY ADVS. SRI.JACOB ABRAHAM

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SMT.KOCHUMOL KODUVATH

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R5 BY ADVS. SRI.MANJERI SUNDER RAJ SMT.K.K.PREETHA

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

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M.A.C.A. No.805 of 2009

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Dated this the 7^th day of November, 2013

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J U D G M E N T

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S. Siri Jagan, J

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The Kerala State Insurance Department is the appellant herein. They were impleaded as the insurer in respect of a vehicle, negligent driving of which resulted in the death of V.V. Gangadharan. The wife and children of deceased Gangadharan, filed O.P.(M.V.).No.2627/1995 before the 2^nd Additional Motor Accidents Claims Tribunal, Kozhikode, seeking compensation for the death of their breadwinner. The tribunal, after finding negligence on the part of the driver of the vehicle, awarded a total compensation of 1,51,000/- with 9%₹ interest and cost. The appellant is challenging the said award, on the question of liability of the insurer. It is submitted that, the deceased was a gratuitous passenger

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M.A.C.A. No.805 of 2009

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in a goods vehicle and the policy was only one issued to satisfy the requirements of the Motor Vehicles Act. It is settled law that an 'Act only policy' does not cover a gratuitous passenger in a goods vehicle is the contention raised.

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We have heard the parties.

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The question as to whether a person who suffered injuries or died in an accident was a gratuitous passenger in a goods vehicle or not, is a question of fact that has to be proved by adducing evidence. The appellant did not produce any evidence whatsoever before the tribunal to prove the same. The appellant did not even produce the policy to prove that, it is an 'Act only policy'. In fact, the appellant has not chosen to produce the office copy of the policy even before this court. In the above circumstances and in the absence of any evidence to prove the fact as to whether the deceased was a gratuitous passenger in a goods vehicle or that the policy is only an 'Act only policy', we do not think that, we

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M.A.C.A. No.805 of 2009

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can countenance the contention of the appellant in this appeal. Accordingly, the appeal is dismissed.

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Sd/S. Siri Jagan, Judge

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Sd/K. Ramakrishnan, Judge

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// True Copy //

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P.A. to Judge

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Kerala State Insurance Department Ekm v. v.Vsavitha and Others

Case brief

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Kerala State Insurance Department Ekm v. v.Vsavitha and Others

Case brief

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