IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1509 of 2009()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. BABY, S/O.VELAN,
... Respondent
2. VARMAN CARRYING COMPANY,
3. ANPARASAN, S/O.SAVIER,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.T.SETHUMADHAVAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/11/2009
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NOs. 1509 and 1510 OF 2009
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Dated this the 16th day of November, 2009.
J U D G M E N T
Both these appeals are preferred by the Oriental
Insurance Company Ltd. who is the 3rd respondent in O.P.
(MV)Nos.175/02 and 177/02 of the Motor Accidents Claims
Tribunal, Palakkad. The insurance company has challenged
the finding on the ground that the cheque issued towards the
payment of premium was dishonoured and there has been
proper intimation to the owner as well as the RTO thereby
entitling the insurance company to get exonerated from the
liability. The Tribunal considered this point and held that
though documents are produced for the issuance of the
cheque, the dishonour of the cheque, nothing was produced
before the Tribunal to show that it has been intimated to the
owner as well the Road Transport Authorities. The learned
Tribunal had referred to the decision of the Apex Court in
Deddappa v. National Insurance Company Ltd. 2008 (1) KLT
296(SC). In that case the Hon’ble Apex Court held suppose
M.A.C.A. Nos.1509 & 1510/09
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a policy is issued and the cheque is dishonoured before the
cancellation of the policy then if the insurance company had
intimated the owner and the concerned authority then it will
get exonerated from the liability.
2. Here the witness of the insurance company as
RW1 would depose that notice has been issued by registered
post. Except the mere ipsi dexit of the Manger no acceptable
evidence is forthcoming and therefore the Tribunal was not
inclined to accept it which could have been proved by
documents by the insurance company. Learned counsel for
the insurance company in fairness submits that there would
be documents and if an opportunity is given he can establish
it before the Court. I feel an opportunity can be given to all
concerned to consider the issue by producing necessary
documents. Therefore the awards under challenge are set
aside so far as it relates to the liability of the insurance
company, the right of the claimant to get it from the
insurance company and the interse dispute between the
insurance company and the owner. Parties are also
M.A.C.A. Nos.1509 & 1510/09
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permitted to produce documentary as well as oral evidence in
support of their respective contentions and then the Tribunal
is directed to dispose of the matter in accordance with law.
The insurance company after appearing before the Tribunal
shall take out notice to the persons whose junction is
peremptory for the proper disposal of the matter. Parties are
directed to appear before the Tribunal on 16.12.2009.
M.N. KRISHNAN, JUDGE.
ul/-