Motor Accident Claims Appeal dismissed. Relying on National Insurance Co. Ltd. v. Jisha, the court held that the driver's lack of a transport vehicle driving authorisation does not absolve the insurer from liability to indemnify the vehicle owner.
The appeal was dismissed with no merit found.
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. 202 of 2011 ( )
OPMV 757/2001 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, KOCHI-11.
BY ADVS.SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENT(S)/RESPONDENTS 1 & 2:
CHERUTHAZHAM, MANDUR.P.O, VIA.PAYANGADI
KANNUR DISTRICT, PIN-670303.
R1 BY ADV. SRI.M.SASINDRAN
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.202 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.202 of 2011
Tribunal and hence the appeal.
There is, therefore, no merit in the appeal and the same is accordingly, dismissed.
Sd/-
P.B.SURESH KUMAR, JUDGE.
tgs
(true copy)
1 issue framed by the court
Whether want of authorisation for the driver to drive a transport vehicle absolves the insurer from liability to indemnify the owner.
Colour shows how this judgement treated each authority
National Insurance Company Ltd. v. JishaRelied on¶30
National Insurance Company Ltd. v. Jisha (2015(1) KLT 1)
The New India Assurance Company Limited
Thazhekurunthil Udayakumar
N.Balakrishnan
P.B.Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
