IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 2108 of 2006()
1. P. GIREESH BABU, S/O. KUMARAN,
... Petitioner
Vs
1. C. KUNHAMBU, S/O. PAITHAL,
... Respondent
2. PALANGAT PARAMBIL ASHARAF,
3. ORIENTAL INSURANCE CO. LTD.,
For Petitioner :SMT.S.AMBIKA DEVI
For Respondent :SRI.GEORGE CHERIAN THIRUVALLA
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :12/03/2007
O R D E R
K.Padmanabhan Nair,J.
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M.A.C.A.No.2108 of 2006-A
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Dated, this the 12th day of March, 2007
JUDGMENT
Heard. Admitted. Sri.George Cherian takes notice for
the 3rd respondent. In view of the contention raised by the
appellant in the appeal, notice to respondents 1 and 2, who are
the claimant and driver respectively, is dispensed with and the
appeal itself is heard and disposed of.
2. The Tribunal awarded an amount of Rs.59,000/- as
compensation and held that respondents 1 to 3 therein are
jointly and severally liable for the same, but added a rider to that
award that the 3rd respondent-Insurer is at liberty to realise the
award amount from the appellant-2nd respondent, the registered
owner of the scooter as the driver of the vehicle is not possessed
of a valid driving licence.
3. In this appeal, the appellant filed a petition to
accept additional evidence to show that the driver was holding a
valid driving licence at the time of incident. Appellant produced a
copy of the Driving Licence as well as Passport. He also produced
M.A.C.A.No.2108 of 2006
– 2 –
the original Driving Licence for verification. The application was
allowed and the copies of the Driving Licence and Passport were
marked as Exhibits B1 and B2. In view of the additional evidence
adduced in this appeal, the liberty given to the Insurer to recover
the amount from the registered owner, the appellant, is to be
vacated.
In the result, the appeal is allowed to the extent of
vacating that part of the award by which the 3rd
respondent-Insurer was given liberty to realise the award amount
from the appellant, the registered owner of the scooter, who was
the 2nd respondent in the claim petition. I.A.No.2351 of 2006
shall stand dismissed.
K.Padmanabhan Nair
Judge
vku/-