This Motor Accident Claims Appeal was filed by an insurer challenging a Tribunal award granting compensation. The High Court observed that a Full Bench held lack of driver authorisation does not absolve the insurer from liability, thereby dismissing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936
MACA.No. 201 of 2011 ( )
OPMV 564/2001 of M.A.C.T., THALASSERY
APPELLANT(S)/3RD RESPONDENT:
THE NEW INDIA ASSURANCE COMPANY LIMITED,
PAYYANNUR, NOW REPRESENTED BY ITS DEPUTY MANAGER
REGIONAL OFFICE, M.G.ROAD, KOHCI-11.
BY ADVS.SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENT(S)/RESPONDENTS 1 & 2:
CHERUTHAZHAM, MANDUR.P.O, VIA.PAYANGADI
KANNUR DISTRICT.
KASARAGOD DISTRICT.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.B.SURESH KUMAR, J.
M.A.C.A. No.201 of 2011
Dated 18th March, 2015.
J U D G M E N T
The insurer in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.
2
M.A.C.A. No.201 of 2011
appellant. The appellant is aggrieved by the award of the Tribunal and hence the appeal.
Insurance Company Ltd. v. Jisha (2015(1) KLT 1) that want of authorisation for the driver of the vehicle involved in an accident to drive a transport vehicle would not absolve the insurer from the liability to indemnify the owner.
There is, therefore, no merit in the appeal and the same is accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs
(true copy)
2 issues framed by the court
Whether the insurer is liable to indemnify the owner despite the absence of valid driving authorisation for the transporter.
Whether the absence of an authorisation to drive a transport vehicle absolves the insurer from liability.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. v. JishaReferred¶32
National Insurance Company Ltd. v. Jisha (2015(1) KLT 1)
The New India Assurance Company Limited
N.Balakrishnan
Thazhekurunthil Udayakumar
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
