Remanded

The United India Insurance Co.Ltd. v. John

Kerala HC2 Nov 2018MACA/3055/2009

Case brief

AI extract

What is this about?

This Motor Accidents Claims Appeal was heard by the High Court of Kerala. The court set aside the tribunal's award directing the insurer to pay, and remanded the matter to the Tribunal to allow parties to adduce fresh evidence on whether a violation of policy conditions regarding the driver's license occurred.

What did the court decide?

Award set aside. Both parties directed to appear before the Motor Accidents Claims Tribunal, Thrissur on 18.12.2018 to adduce fresh evidence and dispose of the matter within three months.

The United India Insurance Co.Ltd. Vs 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

FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

¶5

M.A.C.A.No. 3055 of 2009

¶6

AGAINST THE AWARD IN OPMV 641/2004 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR

¶7

APPELLANT/THIRD RESPONDENT IN THE O.P (MV):

¶8

THE UNITED INDIA INSURANCE CO.LTD. THRISSUR BRANCH REPRESENTED BY THE UNITED INDIA, INSURANCE CO.LTD,OFFICE OF THE REGIONAL MANAGER, HOSPITAL ROAD,ERNAKULAM.

¶9

BY ADV. SMT.DEEPA GEORGE

¶10

RESPONDENTS:

¶11

1 JOHN, S/O ULAHANNAN, KUNNAPPILLY HOUSE, P.O.MAROTTICHAL,THRISSUR(DELETED)

¶12

2 ANNA VALSA, W/O.KUNJUMON PALLITHADATHIL HOUSE,

¶13

P.O.MANNAMANGALAM,THRISSUR(DELETED)

¶14

3 MATHAISO.JOHNKUNNAPPILLY HOUSE P.O.MAROTTICHAL,THRISSUR(DELETED)

¶15

4 MARIYAM ALICEWO.BABUPALLITHAZHATH

¶16

HOUSE,P.O.MUTTITHADI,VATTAKOTTALI,, THRISSUR DISTRICT-680317(DELETED)

¶17

5 MARIAMMAKUNNAPPILLY HOUSE MAROTTICHAL,THRISSUR(DELETED)(R1 TO R5 ARE DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 12/01/2010 IN CMAPPLN AND MACA).

¶18

*** RI TO R5 DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 12.1.2010 ON C.M. APPLICATION & M.A.C.A.**

¶19

M.A.C.A.No. 3055 of 2009 2

¶20

6 SAJI.V.S, S/O.SEARIA, VAZHAYIL HOUSE KATTILAPOOVAM, THRISSUR.

¶21

7 JAYAPRAKASH S/O SANKARAN NAIR,KUNNAMBATH HOUSE, ELAMTHURUTHY,MARATHAKKARA,THRISSUR

¶22

BY ADVS. SMT.MOLLY KOSHY SRI.C.HARIKUMAR SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH)

¶23

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

M.A.C.A.No. 3055 of 2009 3

¶25

JUDGMENT

¶26

This appeal is preferred against the award in OP(MV) 641 of 2004

¶27

of the Motor Accidents Claims Tribunal, Thrissur by the insurer. Smt.Aliamma sustained injuries in a Motor Accident on 30.1.2004 at 7.45 am, while undergoing treatment, she succumbed to the injuries on 2.2.2004. Legal representatives of the deceased preferred the above claim wherein the learned Tribunal awarded compensation of Rs.1,53,950/- with 7% interest and proportionate costs and appellant (insurer) was directed to satisfy the award. Being aggrieved by that, insurer preferred this appeal.

¶28

The accident was not disputed by the respondent in the lower court. The driver and owner filed a written statement in the lower court and contended that the accident was not due to rash and negligent driving of the vehicle by its driver. Insurer admitted the insurance of the vehicle and contended that the driver was not holding valid driving license at the time of accident and there is violation of policy condition. Claimant's did not adduce any oral evidence, but their documents were marked as A1 to A8. Respondent's evidence consists of documentary evidence of Exts.P1 to P4.

¶29

The liability of the insurer is according to Section 147 of the Motor Vehicle Act, 1988. In the written statement, it was stated that

¶30

M.A.C.A.No. 3055 of 2009 4

¶31

the driver was not holding valid driving license. When there is a violation of policy condition, insurer has a right to reimburse the amount from the owner of the vehicle.

¶32

The learned counsel appearing for the appellant submitted that the driver of the vehicle pleaded guilty in the criminal case and the Judicial First Class Magistrate, Thrissur imposed a fine of Rs.500/- in that case and he could not produce those documents in the lower court. When there is violation of policy condition, the insurer has a right to reimburse the amount from the owner of the vehicle. To that extent the award is set aside and both parties in this appeal are directed to appear before Motor Accidents Claims Tribunal, Thrissur on 18.12.2018. On such appearance the Tribunal shall give opportunity to both parties to adduce fresh evidence and consider whether there was any violation of policy condition and dispose of the matter as per law within three months from the date of their appearance.

¶33

P.D.RAJAN JUDGE.

¶34

ACM / 3.11.2018

The United India Insurance Co.Ltd. v. John

Case brief

What is this about?

What did the court decide?

The United India Insurance Co.Ltd. v. John

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

SEBI Baby M.B. Vs Vishnuraj

Baby Vs Lijinas

Abdul Shukkur and Ors. Vs T.K.Jayaprakashan & Another

Saraswathiamma Vs Beena Guruvayoorappan

Shajahan @ Shaji Vs Renju. R

Icici Lombard Gic Ltd. Vs Sebastian