IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1777 of 2005()
1. KERALA STATE INSURANCE DEPARTMENT,
... Petitioner
Vs
1. AJITH KUMAR.C., CHELIPPALLIL VEEDU,
... Respondent
2. THE DIVISIONAL ENGINEER,
3. SHERAFUDEEN.M., SHALIMAR,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.P.DANDAPANI (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/06/2008
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. No. 1777 OF 2005
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Dated this the 20th day of June, 2008
JUDGMENT
This appeal is preferred by the Kerala State Insurance
Department, Kollam, against the finding of the Tribunal directing it to
deposit the amount. The contention of the appellant is that the
vehicle involved in the accident is never insured with the Kerala State
Insurance Department and therefore, it is an unnecessary party and
that no liability can be saddled on the same.
2. Learned Standing counsel for the BSNL submits before
me that being a Central Government vehicle as the third party
insurance was exempted, there was no statutory liability on it to take
any insurance policy. It has no case that the vehicle was insured
with the Kerala State Insurance Department. So it has to be held
that the Kerala State Insurance Department was unnecessarily
dragged into the litigation and made liable to pay the amount. Its
liability is to be vacated. It is further stated by the learned counsel
that as per EP 83/05 in the above case, the amount has been
deposited by the BSNL as well. Therefore the claim amount awarded
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is also deposited thereby satisfying the award passed by the
Tribunal.
Therefore the appeal is allowed. Since the Kerala State
Insurance Department is found to be not the insurer of the vehicle, it
is exempted from the liability.
M.N.KRISHNAN, JUDGE
vps
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