IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1106 of 2004()
1. JOHNSY MOSES, S/O. M.GODWIN,
... Petitioner
Vs
1. SASIDHARAN, S/O. GOVINDAN,
... Respondent
2. NAGARAJAN,
3. THE MANAGER,
For Petitioner :SMT.T.D.RAJALAKSHMI
For Respondent :SRI.E.M.JOSEPH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :27/05/2009
O R D E R
C .N. RAMACHANDRAN NAIR &
C. K. ABDUL REHIM, JJ.
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M.A.C.A. No. 1106 OF 2004
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Dated this the 27th day of May, 2009
JUDGMENT
Ramachandran Nair,J.
Heard counsel appearing for the appellant and standing counsel
appearing for the insurance company. Appeal is filed against the order
of the Tribunal authorising recovery from the appellant who was the
registered owner of the truck involved in the accident. The grounds on
which recovery is ordered against the appellant are violation of policy
condition such as want of driving licence for the driver and driver
driving the vehicle under the influence of alcohol. Even though
appellant’s counsel produced a photocopy of the driving licence, which
is said to be that of the driver who drove the vehicle, neither the
original is available nor even a copy is produced before the Tribunal.
Even though opportunity could be given to prove the genuineness of
the driving licence, we do not think favourable findings can save him
because driver was found at the time of the accident to be driving under
the influence of alcohol. Since driver’s drunken condition is certified
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by the doctor through Ext.B4, we do not find any ground to interfere
with the award of the MACT.
Appeal is consequently dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(C. K. ABDUL REHIM)
Judge.
kk
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