Allowed

Sreenesh O.T v. Abdurahiman K.P

Kerala HC27 May 2024MACA/194/2024

Case brief

AI extract

What is this about?

Owner of the offending vehicle contested the Tribunal's award directing the insurer to pay compensation and recover it from him on grounds of no valid driving licence. The appellant produced his driving licence extract, the insurer confirmed its genuineness, and this appeal allowed setting aside the recovery direction.

What did the court decide?

Recovery of award amount from appellant set aside; insurer directed to pay claimant as per Tribunal award dated 11.03.2020 if not already paid.

Sreenesh O.T Vs Abdurahiman K.P — Motor Accident Claims | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

¶4

MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

¶5

MACA NO. 194 OF 2024

¶6

AGAINST THE AWARD DATED 11.03.2020 IN OPMV NO.1379 OF 2018 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE
APPELLANT/PETITIONER:

¶7

SREENESH O.T
AGED 35 YEARS, S/O. SREEDHARAN,
ONGORA THAZHATH HOUSE, PO. MADAVOOR,
KOZHIKODE, PIN - 673585
BY ADVS.
A.D.DIVYA
SABIN BABU
NAVYA SONY

¶8

RESPONDENTS/PETITIONER AND 2ND RESPONDENT:

¶9

1 ABDURAHIMAN K.P

¶10

AGED 64 YEARS
S/O KOYAKUTTY HAJI, , LAFIR MAHAL, ANIYOTTU POYIL,
SIVAPURAM, PO.KARUMALA, BALUSSERY, KOZHIKODE,
PIN - 673612

¶11

2 THE NEW INDIA ASSURANCE CO. LTD

¶12

REP. BY ITS BRANCH MANAGER, DOOR NO: 5/86-P, 2ND FLOOR,
FAIR MOUNT TOWER, WAYANAD ROAD, ERANHIPALAM, KOZHIKODE,
PIN - 673006

¶13

BY ADVS.
SHERIN MOHAN K
AGINOV MATHAPPAN

¶14

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD

¶15

ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

MACA NO. 194 OF 2024

¶17

¶18

JUDGMENT Dated this the 27^th day of May, 2024

¶19

The above appeal is filed by respondent in O.P.(MV) No.1379/2018 before the Motor Accident Claims Tribunal, Kozhikode, who is the owner/driver of the offending vehicle challenging the Award dated 11.03.2020. The respondents herein are the claimant and the second respondent before the Tribunal.

¶20

The accident occurred on 03.06.2018 and due to the accident, the claimant suffered injuries. The Tribunal, after elaborate consideration of the issue, found that the rider of the offending vehicle was not having any valid driving licence at the time of accident. Before the Tribunal, the appellant/first respondent could not produce the licence and the Tribunal passed the award directing the second respondent, Insurance Company to pay the amount and recover the same from the first respondent, the appellant herein. Aggrieved by the said award, the appellant/first respondent in the original petition has come up before this Court with the present appeal. Along with the appeal, the appellant had also produced the extract of the

¶21

¶22

MACA NO. 194 OF 2024

¶23

driving licence.

¶24

On 19.03.2024, when the case was taken for hearing, the second respondent herein was directed to get instructions as to the genuineness of the driving licence produced by the appellant.

¶25

Today, when the matter was taken up for consideration, the learned Standing Counsel appearing for the second respondent herein submitted that the extract of the driving licence produced by the appellant was verified and it is found to be valid and genuine. The tribunal while passing the award has allowed recovery of the award amount from the appellant/first respondent by the Insurance Company solely on the reason that the rider of the offending vehicle was not having valid driving licence. Now since the appellant has produced the extract of the driving licence and the second respondent has confirmed the genuineness of the driving licence, I am of the opinion that this appeal can be allowed.

¶26

Accordingly, the direction of the Tribunal to recover the said amount from the appellant herein/ first respondent is hereby set aside. Both sides submit that the policy is admitted.

¶27

¶28

MACA NO. 194 OF 2024

¶29

Hence, the second respondent, Insurance Company is directed to pay the amount to the claimant, as directed by the tribunal, in its Award dated 11.03.2020, if not already paid.

¶30

The Appeal stands allowed.

¶31

Sd/SHOBA ANNAMMA EAPEN

¶32

JUDGE

¶33

¶34

MACA NO. 194 OF 2024

¶35

¶36

APPENDIX OF MACA 194/2024

¶37

PETITIONER ANNEXURES
Annexure A-1THE ORIGINAL OF THE EXTRACT OF DRIVING
LICENSE ISSUED BY THE RTO KODUVALLY

Sreenesh O.T v. Abdurahiman K.P

Case brief

What is this about?

What did the court decide?

Sreenesh O.T v. Abdurahiman K.P

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ashwin Paul Vs Jerish Xavier

Baby Vs Rony

Ajeesh Chandran Vs the United India Insurance Company Limited

Kanakaraj Vs the Manager

Issen K.Michael, Vs Midhulaj Ismail

Saleena Vs Babu.K.P.