Appeal by insurers to set aside compensation of Rs.36,500 awarded to accident victims in Motor Accidents Claims Tribunal. Court upheld award after verifying valid policy existence during accident period, directing insurer to pay.
This order is without order
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
MONDAY ,THE 26TH DAY OF NOVEMBER 2018 / 5TH AGRAHAYANA, 1940
MACA.NO. 1360 OF 2015
AGAINST THE AWARD IN O.P.(M.V.) NO.1338/2009 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DATED 30-10-2014
RD APPELLANT/3 RESPONDENT IN O.P.(M.V.) NO.1338 OF 2009:
THE NATIONAL INSURANCE COMPANY LTD., THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER, REGIONAL OFFICE, M.G.ROAD, ERNAKULAM.
BY ADV. SRI.LAL GEORGE
RESPONDENTS/ CLAIMANT 1 AND RESPONDENTS 1 AND 2 IN O.P.(M.V.) NO.1338 OF 2009:
1 SAJAN, PULICKAL HOUSE, VARISSERY P.O., MARIYATHURUTHU KARA, AYMANAM, KOTTAYAM - 686 015.
2 PARAMESWARAN NAIR, SAYOOJYA HOUSE, AYMANAM, KOTTAYAM - 686 015.
3 PRADEEPKUMAR, PERUMPALLIL HOUSE, AYMANAM, KOTTAYAM-686 015.
BY ADVS. SRI.DOMSON J.VATTAKUZHY SRI.C.I.ABRAHAM SMT.BINDU ABRAHAM SRI.GEORGE KARITHANAM VARGHESE SRI.JOSE KURIAKOSE (VILANGATTIL) SRI.MATHEW JOHN (K)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.NO. 1360 OF 2015
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JUDGMENT
This appeal is preferred against the award in O.P. (M.V.) No.1338 of 2009 of the Motor Accidents Claims
Tribunal, Kottayam by the insurer. The 1st respondent in this appeal sustained injuries in a motor accident on 17.01.1999 and the learned Tribunal awarded compensation of Rs.36,500/- (Rupees Thirty Six Thousand Five Hundred only) with 8.5% interest and proportionate cost and directed the appellant/insurer to satisfy the award. Being aggrieved by that, the insurer preferred this appeal.
on 17.1.1999 he was walking on the side of the KottayamParippu public road at Varissery Junction, at that time a jeep KL-1/F-7457 driven in a rash and negligent manner and knocked down him, as a result he sustained serious injuries. Immediately he was removed to hospital. The accident was due to the rash and negligent driving of the jeep by its driver.
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in the lower court. Insurer denied the insurance coverage of the vehicle and contended that the policy particulars mentioned in the petition and its period of validity are incorrect. Claimants evidence consists of oral testimony of PW1 and PW2 and documentary evidence of Exts.A1 to A8. Respondents did not adduce any oral or documentary evidence.
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Ext.C1. A perusal of Ext.C1 shows that a valid policy was issued on 15.07.1998 and the expiry of the policy was on 16.07.1999. The Policy Number is 1998/6302063. The name and address of the policy holder is also specifically mentioned in Ext.C1. The original policy was issued in the name of M.G. Issac which was changed in the name of the 2nd respondent. If that be the position, there was valid policy on the date of accident. There is no illegality in the direction issued by the lower court. Hence, the appellant is directed to satisfy the award with interest and cost within thirty days from the date of receipt of a copy of this judgment, failing which it will carry 12% interest from the date of default.
M.A.C.A is disposed of as above.
Sd/- P.D.RAJAN, JUDGE
/True Copy/ P.A. To Judge
NS
2 issues framed by the court
Whether the insurer was liable to indemnify the vehicle owner given the dispute over the policy period and holder.
Whether the lower court's award of compensation and interest should be upheld.
THE NATIONAL INSURANCE COMPANY LTD.
1 SAJAN
2 PARAMESWARAN NAIR
3 PRADEEPKUMAR
P.D. RAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
