The High Court dismissed the original petition challenging the rejection of applications to set aside an ex-parte award by the Motor Accident Claims Tribunal. The court held that a learner's license cannot be treated as a valid license for driving purposes when an accident occurs, rejecting the plea for interference.
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 DINESH KUMAR SINGH
TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945
OP (MAC) NO. 142 OF 2023
ORDER DATED 13.07.2023 IN IA 3/2022 IN IA 4/2022, MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY AND OPMV 1000/2018, MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY
PETITIONER/PETITIONER IN IA3/2022 AND IA 4/2022/RESPONDENT NO.1:
PRADEESH KANNAN
AGED 37 YEARS
S/O. KUNHIKANNAN, "PRATHEEKSHA", CHIRAKKAL P.O., KANNUR
TALUK, KANNUR DISTRICT., PIN - 670011
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
K.S.SUDHA
ANUPAMA JOHNY
RESPONDENTS/RESPONDENTS IN IA 3/2022 AND IA 4/2022/PETITIONERS
&RESPONDENT NO.2:
1 VINODINI.T W/O. LATE RAJEEVAN.B., AGED 54 YEARS, 'SURYA NIVAS', CHALUVAYAL, PALLIKULAM, CHIRAKKAL, KANNUR DISTRICT, PIN - 6700112 SURYA.B D/O. LATE RAJEEVAN.B., AGED 27 YEARS, 'SURYA NIVAS', CHALUVAYAL, PALLIKULAM, CHIRAKKAL, KANNUR DISTRICT. -, PIN - 6700113 SURAJ.B S/O. LATE RAJEEVAN.B., AGED 24 YEARS, 'SURYA NIVAS', CHALUVAYAL, PALLIKULAM, CHIRAKKAL, KANNUR DISTRICT, PIN - 6700114 THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, 3RD FLOOR, BUILTECH FOUNDATIONS, CHITTUR ROAD, PALAKKAD, PIN – 678101ADV.GEORGE A CHERIAN -SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC) No.142 of 2023
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JUDGMENT
Dated this the 31st day of October, 2023
Heard Sri.K.C Santhosh Kumar, learned counsel
for the petitioner as well as Sri.George A Cheriyan, learned Standing Counsel for the 4th respondent.
3
OP(MAC) No.142 of 2023
and therefore, the insurance company was not liable to make payment of the compensation awarded by the Tribunal. However, the Tribunal directed the insurance company to make payment of the awarded amount to the legal heirs as directed in the award and recover the same from the petitioner.
13.07.2023, this Court does not find that the Tribunal
OP(MAC) No.142 of 2023
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has committed any error of law or jurisdiction in rejecting the applications of the petitioner i.e, IA No.3/2022 and IA No.4/2022. The petitioner was issued driving license only on 11.09.2018 which was valid up to 31.12.2023. According to the petitioner he was having learners license when the accident took place. Learned counsel for the petitioner has not been able to show any law in which it is held that learners licensee could be treated to be holding a valid license for driving a motor vehicle if the motor vehicle meets with an accident.
Considering the facts and admitted provision, this Court is not inclined to interfere with Ext.P7 order. The present Original Petition is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
OP(MAC) No.142 of 2023
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APPENDIX OF OP (MAC) 142/2023
PETITIONER EXHIBITS
Exhibit P1THE COPY OF THE AWARD DATED 07.08.2020 IN
OP (MV) NO.1000/2018 ON THE FILE OF THE
MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY
Exhibit P2THE COPY OF THE AFFIDAVIT IN SUPPORT OF
PETITION BEARING IA NO 4/2022 FOR SETTING
ASIDE EX-PARTE AWARD DATED 17.1.2022
Exhibit P3THE COPY OF THE AFFIDAVIT IN SUPPORT OF THE
PETITION BEARING IA NO IA 3/2023 FOR
CONDONATION OF DELAY DATED 17/1/2022
Exhibit P4THE COPY OF THE JUDGMENT DATED 02.03.2023
AND MADE IN WP(C) NO.5673/2022
Exhibit P5THE COPY OF THE DRIVING LICENSE BEARING
NO.13/8926/2018 DATED 11/9/2018
Exhibit P6THE COPY OF THE JUDGMENT DATED 31.03.2021
IN C.C.NO.1329/2018 ON THE FILE OF JUDICIAL
FIRST CLASS MAGISTRATE COURT NO.II, KANNUR
Exhibit P7THE COPY OF THE COMMON ORDER DATED 13-07-
2023 IN IA NO. 3/2022& 4/2022 IN OP(MV)
1000/2018 ON THE FILE OF THE MACT
THALASSERY
2 issues framed by the court
Whether an original petitioner driver holding only a learner's license on the date of an accident can be treated as having a valid driving license for insurance purposes?
Whether the Motor Accident Claims Tribunal erred in law or jurisdiction in rejecting applications to set aside an ex-parte award?
PRADEESH KANNAN
1 VINODINI.T
2 SURYA.B
3 SURAJ.B
THE ORIENTAL INSURANCE CO.LTD.
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court