Partly allowed

The New India Assurance Co.Ltd., Ktm. v. Ancy John

Kerala HC4 Dec 2018MACA/1531/2008

Case brief

AI extract

What is this about?

Against awards of the Motor Accidents Claims Tribunal directing insurance companies to pay compensation, the High Court set aside the directions imposing liability on the insurer of the offending vehicle, remanding the matter to the Tribunal for fresh consideration due to lack of valid insurance coverage.

What did the court decide?

The appeals allowed; directions to pay compensation set aside; matter remitted to Tribunal for fresh consideration; parties directed to adduce evidence and appear on 10.01.2019.

The New India Assurance Co.Ltd., Ktm. Vs Ancy John — Motor Accident Claims | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE P.D.RAJAN

¶4

TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

¶5

MACA.NO. 1531 OF 2008

¶6

AGAINST THE AWARD IN O.P.(M.V.) NO.279/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DATED 27-04-2007

¶7

RD APPELLANT/3 RESPONDENT IN O.P.(M.V.) :

¶8

THE NEW INDIA ASSURANCE CO.LTD., KOTTAYAM, REPRESENTED BY ITS MANAGER.

¶9

BY ADVS.SRI.A.A.ZIYAD RAHMAN

¶10

PETITIONERS AND RESPONDENTS 1 AND 2 AND 4 TO 6:

¶11

1 ANCY JOHN, PANAKUNNEL HOUSE, PUNNATHURA EAST KARA, AYARKUNNAM VILLAGE, KOTTYAM.

¶12

2 K.NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU P.O., KOTTAYAM. [DIED] LEGAL HEIRS IMPLEADED AS ADDITIONAL R7 TO R10.

¶13

3 SHIBU, POOTHOTTATHIL HOUSE, KATTODU BHAGOM, PUNNATHURA WEST KARA, ETTUMANOOR, KOTTAYAM.

¶14

4 P.S. KASSIM, PULIMOOTTIL HOUSE, PARATHODU P.O., KANJIRAPPILLY.

¶15

5 REGIMON M.N., NEDUMANGATTU HOUSE, CHEMPILAVU P.O., KIDANGOOR.

¶16

6 THE UNITED INDIA INSURANCE COMPANY LTD., KOTTYAM.

¶17

MACA.Nos.1531, 1532,1533 &

¶18

2547 of 2008

¶19

¶20

*** ADDITIONAL R7 TO R10 IMPLEADED**

¶21

7 SUSEELA N.KURUPPU, AGED 73 YEARS W/O LATE NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU, ANNAKUNNU BHAGAM, KOTTAYAM.

¶22

8 MADHUSOODHANAN K.N., AGED 45 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶23

9 VINOD K.N., AGED 43 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶24

10 NANDAKUMAR K.N., AGED 40 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶25

THE LEGAL HEIRS OF DECEASED 2^ND RESPONDENT ARE IMPLEADED AS ADDITIONAL R7 TO R10 AS PER ORDER DATED 05.03.2018 IN I.A. NO.386/2010.

¶26

BY ADVS. SRI.V.B.PREMACHANDRAN SRI.G.PRABHAKARAN

¶27

SRI.P.SANKARANKUTTY NAIR

¶28

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.12.2018, ALONG WITH MACA NO.1532/2008, MACA NO.1533/2008, MACA NO.2547/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶29

¶30

MACA.Nos.1531, 1532,1533 &

¶31

2547 of 2008

¶32

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶33

PRESENT

¶34

THE HONOURABLE MR. JUSTICE P.D.RAJAN

¶35

TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

¶36

MACA.NO. 1532 OF 2008

¶37

AGAINST THE AWARD IN O.P.(M.V.) NO.395/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DATED 18-10-2006

¶38

RD APPELLANT/3 RESPONDENT IN O.P.(M.V.) :

¶39

THE NEW INDIA ASSURANCE CO.LTD. KOTTAYAM, REPRESENTED BY ITS MANAGER.

¶40

BY ADV. SRI.A.A.ZIYAD RAHMAN

¶41

RESPONDENTS/PETITIONER/RESPONDENTS 1,2 AND 4 TO 6 :

¶42

1 JAINAMMA, KANIYAMKUNNEL HOUSE, KONGANDOOR P.O., AYARKUNNAM.

¶43

2 K. NARAYAN KURUPPU KANNUMALA HOUSE, PANAYIKAZHAPPU P.O., KOTTAYAM. [DIED] LEGAL HEIRS IMPLEADED AS ADDITIONAL R7 TO R10.

¶44

3 SHIBU, POONTHOTTATHIL HOUSE, KATTODU BHAGOM, PUNNATHARA WEST KARA, ETTUMANOOR.

¶45

4 P.K. KASIM, PULIMOOTTIL HOUSE, PARATHODU P.O., KANJIRAPPILLY.

¶46

5 REGIMON, NEDUMANGATTU HOUSE, CHEMPILAVU P.O., KIDANGOOR.

¶47

MACA.Nos.1531, 1532,1533 &

¶48

2547 of 2008 4

¶49

6 THE UNITED INDIA INSURANCE COMPANY LTD., KOTTAYAM.

¶50

**** ADDITIONAL R7 TO R10 IMPLEADED**

¶51

7 SUSEELA N.KURUPPU, AGED 73 YEARS, W/O LATE NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU, ANNAKUNNU BHAGAM, KOTTAYAM.

¶52

8 MADHUSOODHANAN K.N., AGED 45 YEARS,

¶53

S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶54

9 VINOD K.N., AGED 43 YEARS, S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶55

10 NANDAKUMAR K.N., AGED 40 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶56

THE LEGAL HEIRS OF DECEASED 2^ND RESPONDENT ARE IMPLEADED AS ADDITIONAL R7 TO R10 AS PER ORDER DATED 5.03.2018 IN I.A. NO.390/10.

¶57

BY ADVS. SRI.V.B.PREMACHANDRAN SRI.S.ARUN RAJ

¶58

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.12.2018, ALONG WITH MACA NO.1531/2008, MACA NO.1533/2008 AND MACA NO.2547/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶59

MACA.Nos.1531, 1532,1533 &

¶60

2547 of 2008

¶61

¶62

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶63

PRESENT

¶64

THE HONOURABLE MR. JUSTICE P.D.RAJAN

¶65

TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

¶66

MACA.NO. 1533 OF 2008

¶67

AGAINST THE AWARD IN O.P.(M.V.) NO.394/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DATED 18-10-2006

¶68

RD APPELLANT/3 RESPONDENT IN O.P.(M.V.) :

¶69

THE NEW INDIA ASSURANCE CO.LTD. KOTTAYAM, REPRESENTED BY ITS MANAGER.

¶70

BY ADV. SRI.A.A.ZIYAD RAHMAN

¶71

RESPONDENTS/PETITIONER/RESPONDENT 1,2 AND 4 TO 6 :

¶72

1 VALSAMMA, CHACKUMMOOTTIL HOUSE, KONGANDOOR.P.O, AYARKUNNAM.

¶73

2 K. NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU P.O, KOTTAYAM. [DIED] LEGAL HEIRS IMPLEADED AS ADDITIONAL R7 TO R10.

¶74

3 SHIBU, POOTHOTTATHIL HOUSE, KATTODU BHAGHOM, PUNNATHURA WEST KARA, ETTUMANOOR.

¶75

4 P.K. KASIM, PULIMOOTIL HOUSE, PARATHODU.P.O, KANJIRAPPALLY.

¶76

5 REGIMON, NEDUMANGATTU HOUSE, CHEMPILAVU P.O., KIDANGOOR.

¶77

6 THE UNITED INDIA INSURANCE COMPANY LTD., KOTTAYAM.

¶78

MACA.Nos.1531, 1532,1533 &

¶79

2547 of 2008

¶80

¶81

**** ADDITIONAL R7 TO R10 IMPLEADED**

¶82

7 SUSEELA N.KURUPPU, AGED 73 YEARS W/O LATE NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU, ANNAKUNNU BHAGAM, KOTTAYAM.

¶83

8 MADHUSOODHANAN K.N., AGED 45 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶84

9 VINOD K.N., AGED 43 YEARS, S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶85

10 NANDAKUMAR K.N., AGED 40 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶86

THE LEGAL HEIRS OF DECEASED 2^ND RESPONDENT ARE IMPLEADED AS ADDITIONAL R7 TO R10 AS PER ORDER DATED 5.03.2018 IN I.A. NO.388/10.

¶87

BY ADVS. SRI.V.B.PREMACHANDRAN SRI.S.ARUN RAJ

¶88

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.12.2018, ALONG WITH MACA NO.1531/2008, MACA NO.1532/2008 AND MACA NO.2547/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶89

MACA.Nos.1531, 1532,1533 &

¶90

2547 of 2008 7

¶91

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶92

PRESENT

¶93

THE HONOURABLE MR. JUSTICE P.D.RAJAN

¶94

TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

¶95

MACA.NO. 2547 OF 2008

¶96

AGAINST THE AWARD IN O.P.(M.V.) NO.396/2002 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM DATED 18-10-2006

¶97

RD APPELLANT/ 3 RESPONDENT IN O.P.(M.V.) :

¶98

THE NEW INDIA ASSURANCE CO. LTD. KOTTAYAM, REPRESENTED BY ITS MANAGER.

¶99

BY ADV. SRI.A.A.ZIYAD RAHMAN

¶100

RESPONDENT/S:

¶101

1 LIZZY, VALLOMKUNNEL HOUSE, PUNNUTHURA EAST P.O., AYARKUNNAM.

¶102

2 K.NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU P.O., KOTTAYAM. [DIED] LEGAL HEIRS IMPLEADED AS ADDITIONAL R7 TO R10.

¶103

3 SHIBU, POOTHOTTATHIL HOUSE, KATTODU BHAGOM, PUNNATHURA WEST KARA, ETTUMANOOR.

¶104

4 P.S.KASIM, PULIMOOTTIL HOUSE, PARATHODU P.O., KANJIRAPPILLY.

¶105

5 REGIMON, NEDUMANGATTU HOUSE, CHEMPILAVU P.O., KIDANGOOR.

¶106

MACA.Nos.1531, 1532,1533 &

¶107

2547 of 2008 8

¶108

6 THE UNITED INDIA INSURANCE COMPANY LTD., KOTTAYAM.

¶109

**** ADDITIONAL R7 TO R10 IMPLEADED**

¶110

7 SUSEELA N.KURUPPU, AGED 73 YEARS, W/O LATE NARAYAN KURUPPU, KANNUMALA HOUSE, PANAYIKAZHAPPU, ANNAKUNNU BHAGAM, KOTTAYAM.

¶111

8 MADHUSOODHANAN K.N., AGED 45 YEARS S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶112

9 VINOD K.N., AGED 43 YEARS, S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶113

10 NANDAKUMAR K.N., AGED 40 YEARS, S/O LATE NARAYAN KURUPPU, -DO- -DO-

¶114

THE LEGAL HEIRS OF DECEASED 2^ND RESPONDENT ARE IMPLEADED AS ADDITIONAL R7 TO R10 AS PER ORDER DATED 5.03.2018 IN I.A. NO.381/10.

¶115

By ADVS. SRI.V.B.PREMACHANDRAN SRI.G.PRABHAKARAN SRI.JOHN JOSEPH VETTIKAD

¶116

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04.12.2018, ALONG WITH MACA NO.1531/2008, MACA NO.1532/2008 AND MACA NO.1533/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶117

MACA.Nos.1531, 1532,1533 & 2547 of 2008

¶118

¶119

JUDGMENT

¶120

These appeals are preferred against the award in O.P. (M.V.) No.279 of 2002, 394 of 2002, 395 of 2002 and 396 of 2002 of the Motor Accidents Claims Tribunal, Kottayam by the insurer of the vehicle KRK-8774. The learned Tribunal awarded compensation of Rs.31,000/- (Rupees Thirty One Thousand only) in O.P.(M.V.) No.279 of 2002, Rs.15,500/- (Rupees Fifteen Thousand Five Hundred only) in O.P.(M.V.) No.394 of 2002, Rs.8,500/- (Rupees Eight Thousand Five Hundred only) in O.P. (M.V.) No.395 of 2002 and Rs.11,500/- (Rupees Eleven Thousand Five Hundred only) in O.P.(M.V.) No.396 of 2002 with 7% interest and cost, the insurer was directed to satisfy the award within thirty days. Being aggrieved by that, the insurer preferred this appeal.

¶121

Claimants case in the lower court was that on 13.09.2001, the 1^st respondent in M.A.C.A. No.1531 of 2008 other injureds in M.A.C.A Nos.1532,1533 & 2547 of 2008 were travelling in an auto rickshaw KL-5/D-6188 from Kidgangoor to

¶122

MACA.Nos.1531, 1532,1533 & 2547 of 2008 10

¶123

Ayarkunnam and when they reached at the place of occurrence, another scooter KRK-8774 driven in a rash and negligent manner hit against the auto rickshaw, as a result, the vehicle capsized and the passengers in the auto rickshaw sustained serious injuries. Immediately they were removed to hospital. The injured preferred the above claim applications under Sec.166 of the Motor Vehicles Act for getting compensation in which, O.P.(M.V.) No.279 of 2002 was tried separately. Other claim petitions, O.P.(M.V.) Nos.394/2002, 395/2002 and 395/2002 were tried jointly. In O.P.(M.V.) No.279 of 2002, claimants did not adduce any oral evidence, but their documents were marked as Exts.A1 to A11. In other three cases, the documents were marked as Exts.A1 to A10. The driver and owner of both vehicles were ex parte in the lower court. The insurer of KRK-8774 denied the insurance of the vehicle. The insurer of KL-05/D-6188 admitted the insurance of the vehicle.

¶124

Learned counsel appearing for the appellant contended that there was no insurance coverage to the

¶125

MACA.Nos.1531, 1532,1533 &

¶126

2547 of 2008 11

¶127

offending vehicle KRK-8774 at the time of accident, which was specifically mentioned in Ext.A11 charge sheet produced in M.A.C.A. No.1531 of 2008. Ignoring that, the learned Tribunal directed the insurer to satisfy the award.

¶128

Claimants did not file any appeal or cross objection for getting enhanced compensation. After filing these appeals, the owner of the vehicle KRK-8774 died and the insurer submitted that the vehicle had no insurance coverage at the time of accident. After the death of the owner of the vehicle, his legal heirs are not aware about the insurance coverage. The appellant produced a copy of the policy before this Court which shows that there is no insurance coverage to the offending vehicle. Kidangoor Police registered Crime No.110 of 2001 and after investigation, laid charge before the Judicial First Class Magistrate Court, Ettumanoor. Ext.A1 is the FIR and Ext.A11 is the copy of the Final Report in O.P.(M.V.) No.279 of 2008. The liability of the insurer is according to Sec.147 of the Motor Vehicles Act. When there is no insurance coverage to the vehicle, the appellant has no liability to

¶129

MACA.Nos.1531, 1532,1533 &

¶130

2547 of 2008 12

¶131

indemnify the owner. In M.A.C.A. No.1531 of 2008, the appellant produced the judgment of the connected case. O.P. (M.V.) No.511 of 2002 in which, the learned Tribunal held that the vehicle has no insurance coverage. Paragraph 13 reads as follows:

¶132

The contention of R3 is that the vehicle had no valid insurance policy coverage as on the date of accident. Ext.B1 copy of policy certificate regarding the scooter issued by R3 in the name of R1 the insured is valid only for the period from 30.01.2000 till 29.01.2001. The date of accident being 13.9.2001 Ext.B1 policy does not cover the date of accident. Therefore R3 has no liability to indemnify R1 owner. In the absence of insurance coverage the question of violation of policy condition on account of riding of scooter without valid and effective driving licence does not arise for consideration. Therefore R3 is exonerated from liability. The amount has to be paid by R1 registered owner of the scooter.” .

¶133

The copy of the policy was marked in that case as

¶134

Ext.B1. If that be the position, the Tribunal cannot fasten liability upon the insurer. In the circumstance, the directions to pay compensation by the insurer of the vehicle KRK-8774 in M.A.C.A Nos.1532 of 2008, 1531 of 2008, 1533 of 2008 and 2547 of 2008 are hereby set aside and the matter is remitted to

¶135

MACA.Nos.1531, 1532,1533 &

¶136

2547 of 2008

¶137

¶138

the Tribunal for fresh consideration. Both parties are directed to adduce further evidence with regard to policy conditions. The owner of the vehicle is no more, therefore, the legal heirs are necessary parties in the lower court and are at liberty to contest the matter as per law. Both parties are directed to appear before the Motor Accidents Claims Tribunal, Kottayam on 10.01.2019.

¶139

Sd/- P.D.RAJAN, JUDGE

¶140

/True Copy/ P.A To Judge

¶141

The New India Assurance Co.Ltd., Ktm. v. Ancy John

Case brief

What is this about?

What did the court decide?

The New India Assurance Co.Ltd., Ktm. v. Ancy John

Case brief

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What did the court decide?

What the court decided

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