This Motor Accidents Claims Appeal was dismissed. The court held that the appellant failed to produce documentary evidence to prove that the driver did not have a valid driving licence at the time of the accident, rendering the appeal unsustainable.
None. The appellant's appeal was dismissed as they failed to prove the driver lacked a valid licence.
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.D.RAJAN
TUESDAY, THE 21ST DAY OF FEBRUARY 2017/2ND PHALGUNA, 1938
MACA.No. 494 of 2013 ()
AGAINST THE AWARD IN OPMV 650/2005 of MOTOR ACCIDENTS CLAIMS TRIBUNA,KASARAGOD DATED 09-07-2010
APPELLANT(S)/3RD RESPONDENT:
THE NATIONAL INSURANCE CO. LTD. KASARAGOD, REPRESENTED BY ITS MANAGER, RERGIONAL OFFICE, 2ND FLOOR, OMANA BUILDING, M.G. ROAD, KOCHI -35.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENT(S)/RESPONDENTS 1 AND 2:
1. P.K.RAVI
S/O. KUNHU ACHARI, BILAL NAGAR, PALLIKKARA P.O, PALLIKKARA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT PIN- 671 121.
2. HASSAINAR
S/O. UMMALI, BANGOD, THALANGATA P.O, KASARAGOD TALUK, KASARAOD DISTRICT - 671 121.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 21-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
acd
P.D. RAJAN, J.
M.A.C.A.No. 494 of 2013
Dated this the 21st day of February, 2017
JUDGMENT
This appeal is preferred against the award in O.P.(MV) No.650/2005 of Motor Accidents Claims Tribunal, Kasaragod by the insurance company. One Mathew sustained injuries in a motor accident on .8.2005 at 9.45 a.m. in front of Tony's residence, Kanhiradukkam. The first respondent had driven a motor cycle bearing Registration No.KL 14C 5973 in a rash and negligent manner and hit the injured, as a result, he sustained serious injuries. Immediately, he was removed to a local hospital, from there he was referred to Father Muller's Medical College, Mangalore. Ambalathara Police registered a crime and after completing investigation, laid charge in the Judicial First Class Magistrate Court. The driver and owner were ex parte.
M.A.C.A.No.494/2013 2
The appellant admitted the insurance and contended that the first respondent had no valid driving licence. The learned tribunal examined PW1 and PW2 and marked Exts.A1 to A8. The copy of the policy was marked as Ext.B1. After filing the petition, the injured died and his legal representative was impleaded as additional petitioner. The tribunal awarded a total sum of ₹30,500/- as compensation with 5% interest with proportionate cost. Being aggrieved by that, the insurance company preferred this appeal.
M.A.C.A.No.494/2013
3
₹500/- was imposed as penalty by the criminal court from the first respondent invoking Section 3(1) r/w.181 of M.V. Act. But, no documentary evidence had been produced in the trial Court to prove the above contention. In the tribunal, Ex.B1 copy of the Policy alone was marked as evidence. It is the primary responsibility of the appellant to prove that the 1st respondent was not holding valid driving licence on the date of accident. In the absence of evidence, the contention advanced by the appellant is unsustainable in law. There is no merit in this appeal and it is dismissed accordingly.
P.D. RAJAN, JUDGE.
acd
2 issues framed by the court
Whether the appellant is entitled to reimbursement of the penalty imposed for driving without a valid driving licence.
Whether the appellant's contention regarding the driving licence violation is supported by evidence.
1 provisions across 1 enactments
The National Insurance Co. Ltd. Kasaragod
P.K.Ravi
Hassainar
P.D. Rajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
