Dismissed

The Oriental Insurance Co.Ltd v. E.B.Robin

Kerala HC15 Jan 2013MACA/933/2012

Case brief

AI extract

What is this about?

The High Court dismissed the appeal filed by Oriental Insurance Co. Ltd. against the Motor Accidents Claims Tribunal award. The Tribunal held the claimant inclined due to rash driving of the vehicle owner, ordering compensation with interest. The insurer contended the rider lacked a valid license. The Court noted a valid license was produced subsequently, finding the insurer's contention unsupport

What did the court decide?

The appeal was dismissed as it was held to be devoid of merit. The Registry was directed to return the driving licence.

The Oriental Insurance Co.Ltd Vs E.B.Robin — 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 HARUN-UL-RASHID

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TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934

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MACA.No. 933 of 2012 ()

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OPMV.3252/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR.

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APPELLANT/3RD RESPONDENT:

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THE ORIENTAL INSURANCE CO. LTD., METRO PALACE, GROUND FLOOR, OPP. NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS AUTHORIZED OFFICER.

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BY ADV. SRI.VPK.PANICKER.

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RESPONDENTS/RESPONDENTS 1 & 2 AND PETITIONER:

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1. E.B. ROBIN, ELANJIKKAL HOUSE, EDAVILANGU, KODUNGALLORE, THRISSUR DISTRICT -680 664.

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2. NOUSHAD K.A., S/O.ALI,

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KUNNATHPADI HOUSE, KATHIALAM, EDAVILANGU VILLAGE, KODUNGALLORE, THRISSUR DISTRICT-680 664.

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3. T.K. VASUDEVAN, S/O.KOCHAYYAPPAN, THATTARAPURAKKAL HOUSE, P.O. EDAMUTTAM, THRISSUR DISTRICT, PIN-680 568.

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R2 BY ADVS. SRI.BABU KARUKAPADATH,

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SMT.M.A.VAHEEDA BABU, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.KANDAMPULLY RAHUL.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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MACA.No. 933 of 2012

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APPENDIX

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PETITIONER'S ANNEXURES:-

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ANNEXURE R1A COPY OF THE DRIVING LICENCE DATED 09/07/2012.

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RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

HARUN-UL-RASHID,J.

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M.A.C.A.NO. 933 OF 2012

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DATED THIS THE 15TH DAY OF JANUARY, 2013

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JUDGMENT

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The Oriental Insurance Co. Ltd. is the appellant. The appeal is directed against the award dated 16/1/2012 in O.P.(MV). No.3252/2004 on the file of the Motor Accidents Claims Tribunal, Thrissur.

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The 3^rd respondent herein the claimant. The claim petition was filed claiming compensation for the injury sustained by the claimant in connection with the motor accident, which took place on 27/6/2004. The case of the claimant is that while he was walking on the side of the public road at a place at Edamuttom, the offending motor cycle came from north to south, knocked down the claimant and he sustained serious injuries. The claimant was treated as an inpatient in the Iqbal Hospital, Chentrappinni. The Tribunal held that the accident occurred because of the rash and negligent driving of the 2^nd respondent. The Tribunal further held that since the claimant is insured

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-2-

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M.A.C.A.No.933/2012

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with the 3^rd respondent Company and the lst respondent is the owner, respondents 1 and 3 are jointly and severally liable to compensate the claimant. It is ordered that the 3^rd respondent being the insurer has to pay the amount with interest. The Tribunal allowed the claimant to realise `24,350/- with 7.5 % interest per annum.

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The Insurance Company contended that the 2^nd respondent did not have valid driving licence to drive the vehicle at the time of the accident. It is pointed out that the appellant filed I.A.No.8943/2010 for a direction to the 2^nd respondent to produce his driving licence and that in spite of direction by the Tribunal, the 2^nd respondent did not produce the same. During the pendency of the appeal, the claimant filed I.A.No.103/2013 for accepting additional evidence. He has produced original driving licence bearing No.45/3477/1991 dated 9/7/2012 along with the said I.A. The appellant disputed the liability for the reason that the 2^nd respondent was not holding any valid driving licence and therefore

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-3-

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M.A.C.A.No.933/2012

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there was violation of the policy conditions. The original driving licence produced would show that the 2^nd respondent was holding valid driving licence to drive the motor cycle. In the circumstances, the contention of the appellant fails. The Registry is directed to return the driving licence to the petitioner in I.A.No.103/2013.

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In the result, the appeal is devoid of any merit and accordingly dismissed.

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HARUN-UL-RASHID, JUDGE.

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kcv.

The Oriental Insurance Co.Ltd v. E.B.Robin

Case brief

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The Oriental Insurance Co.Ltd v. E.B.Robin

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