The Oriental Insurance Co. Ltd vs Ponnappan Achari on 9 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 959 of 2001()



1. THE ORIENTAL INSURANCE CO. LTD.
                      ...  Petitioner

                        Vs

1. PONNAPPAN ACHARI
                       ...       Respondent

                For Petitioner  :SRI.M.JACOB MURICKAN

                For Respondent  :SRI.P.K.SIVADASAN NAIR

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :09/10/2007

 O R D E R
                    K.PADMANABHAN NAIR, J.
                          --------------------------
                       M.F.A. NO. 959 OF 2001
                            ---------------------
                 Dated this the 9thday of October, 2007

                            J U D G M E N T

This appeal is taken up for admission after condoning the

delay. The appeal is filed by the Insurer/3rd respondent in M.V.O.P.

challenging the direction issued by the Tribunal to pay compensation

to the petitioner and then recover the same from the owner. It is trite

law that when the objection raised was in violation of the condition of

policy, the insurer has to indemnify the petitioner and then recover

that amount from the owner. Even if the appeal is admitted and

pending, the appellant will not get any relief. The quantum of the

amount awarded is reasonable. The finding of the negligence is also

perfectly correct. So, there is no merit in the appeal.

Appeal fails and it is accordingly dismissed.

K.PADMANABHAN NAIR, JUDGE

vps

K.PADMANABHAN NAIR, J.

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M.F.A. NO.959 OF 2001

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JUDGMENT

9th day of October, 2007