The Director General of Police v. Joseph
Case brief
What is this about?
The High Court of Kerala held that an insurer cannot avoid liability for compensating police officers injured in a government vehicle accident even with an 'act only' policy lacking employee coverage. The Court directed the insurer to pay compensation and recover it from the owner. It also mandated comprehensive insurance for all government vehicles in Kerala.
What did the court decide?
Inurer directed to pay awarded compensation to claimants and recover the same from the vehicle owner in execution proceedings; directed State Government to insure all gov't vehicles comprehensively.
What the court decided
'C.R.'
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.D.RAJAN
TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940
MACA.NO. 3286 OF 2014
AGAINST THE AWARD IN O.P.(M.V.) NO.848/2006 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PUNALUR DATED 30-09-2013
APPELLANTS/RESPONDENTS 2 AND 3 IN O.P.(M.V.) :
- 1 THE DIRECTOR GENERAL OF POLICE, KERALA,THIRUVANANTHAPURAM.
2 THE DISTRICT INSURANCE OFFICER, KOLLAM.
BY GOVERNMENT PLEADER ADV. SRI.M.V.ANANDAN
RESPONDENTS/PETITIONER & RESPONDENT NO.1
Issues for consideration
3 issues framed by the court
Whether insurer of a government vehicle issued an 'act only' policy without coverage for employees traveling in it is liable to pay compensation to those employees injured in an accident.
Whether the insurer can avoid liability by claiming lack of insurance coverage for the employees traveling in a government vehicle.
Whether the insurer can pay the compensation and recover the amount from the vehicle owner in the same proceedings.
Coram
P.D. RAJAN
Case details
As recorded by the court registry
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