This court dismissed an insurer's appeal challenging a Motor Accidents Claims Tribunal award. Relying on National Insurance Company Ltd. v. Jisha, the court held that a driver's lack of authorisation to drive a transport vehicle does not absolve the insurer from liability.
The appeal filed by the insurer is dismissed as not meritorious.
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
TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936
MACA.No. 229 of 2012 ()
AGAINST THE AWARD IN OPMV 456/2003 of M.A.C.T., THALASSERY, DATED 08-06-2010
APPELLANT/3RD RESPONDENT:-
THE NATIONAL INSURANCE CO. LTD. MANCHERY, REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING M.G.ROAD, KOCHI-35.
BY ADVS.SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE
SMT.K.S.SANTHI
SMT.LATHA SUSAN CHERIAN
RESPONDENTS/RESPONDENTS:-
1. P. GANGADHARAN
S/O.KELAPPAN, KATTILPARAMBATH VEEDU, EDACHERY P.O. PIN-673514, BADAKARA (OWNER).
2. UDAYAN, S/O.GOPALAN NAIR, 'VRAGETTERI VEEDU', NECHATHI AMSOM, DESOM PERAMBRA P.O., (DRIVER), PIN-673525.
R1 BY ADV. SRI.P.MARTIN JOSE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kvs/-
P.B.SURESH KUMAR, J.
M.A.C.A. No.229 of 2012
Dated 17th 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.
M.A.C.A. No.229 /2012
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.
Kvs/-
// true copy //
PA TO JUDGE.
3 issues framed by the court
Whether want of authorisation for the driver absolves the insurer from liability to indemnify the owner
Whether the Motor Accidents Claims Tribunal correctly rejected the insurer's contention regarding lack of driving authorisation
Whether the insurer's appeal challenging the Tribunal's award on driver authorisation merits allowal
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 NATIONAL INSURANCE CO. LTD. MANCHERY
P. GANGADHARAN
UDAYAN
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
