This order dismisses a writ petition under Article 226 challenging a MAC Tribunal order declining to summon driver license details. The Court holds the Insurance Company has no difficulty accessing such information independently via RTI.
The original petition is dismissed.
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 SHAJI P.CHALY
FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938 OP (MAC).No. 97 of 2016 (O) ----------------------------
IA.NO.197/2016 IN OP(MV) 1071/2011 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, VADAKARA
PETITIONER:
NEW INDIA ASSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, KOZHIKODE, REPRESENTED BY ITS MANAGER.
BY ADVS.SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH
RESPONDENT(S)/RESPONDENTS:
1. SENKALIAPPAN @ RAVI, S/O.RAMASAMY,5/135,5/253, MADITHORAI, OOTY, UDHAGAMANDALAM, TAMILNADU, PIN-653001.
2. ASSU K, S/O.ABDULLA, VARYAN KANDY HOUSE, CHERUVANNUR, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673524.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP (MAC).No. 97 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OPMV 1071/2011 ON THE FILE OF THE MACT, VATAKARA. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OPMV 1071/2011 ON THE FILE OF THE MACT, VATAKARA EXHIBIT P3 TRUE COPY OF THE IA NO 197/2016 IN OPMV 1071/2011 BEFORE THE HON'BLE TRIBUNAL SEEKING FOR A DIRECTION TO THE RTO NILIGIRI. EXHIBIT P4 TRUE COPY OF THE ORDER IN IA NO 197/2016 IN OPMV 1071/2011 DTD 10/3/2016 PASSED BY THE MACT, VATAKARA.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
SHAJI P. CHALY, J
O.P.(MAC)NO.97 OF 2016
Dated this the 9th day of September, 2016
J U D G M E N T
This original petition is filed by the petitioner Insurance Company under Article 227 of the Constitution of India challenging Ext.P4 order passed by the Motor Accidents Claims Tribunal, Vadakara in IA.No.197/2016 in OP(MV)NO.1071/2011, whereby the request made by the petitioner to summon the details of license particulars of the first respondent from the office concerned was declined leaving open the liberty of the petitioner to produce the same by obtaining under the Right to Information Act. Petitioner is the second respondent in the afore specified claim petition pending before the Tribunal. Petitioner has a contention that the first respondent is not having a properly constituted license and therefore in order to prove the case put forth by the
O.P.(MAC)NO.97 OF 2016 2
petitioner the particulars with respect to the same is necessitated from the RTO, Nilgiri Ooty. It is in this background challenging Ext.P4 order this original petition is filed.
3
O.P.(MAC)NO.97 OF 2016
authority concerned shall issue the same with full
information sought for in the application.
sd/-
SHAJI P. CHALY, JUDGE
R.AV
O.P.(MAC)NO.97 OF 2016 4
1 issue framed by the court
Whether the Motor Accidents Claims Tribunal erred in declining to summon driver license particulars from the RTO.
NEW INDIA ASSURANCE COMPANY LIMITED
SENKALIAPPAN
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
