Karatuthodi Lathif vs Panniyankuzhiyil Sara Umma on 11 July, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 424 of 2005()


1. KARATUTHODI LATHIF,
                      ...  Petitioner

                        Vs



1. PANNIYANKUZHIYIL SARA UMMA,
                       ...       Respondent

2. K.T.ABOOBACKER, S/O. MOHAMMED,

3. UNITED INDIA INSURANCE CO.LTD.,

                For Petitioner  :SRI.P.K.SURESH KUMAR

                For Respondent  :SRI.A.R.GEORGE

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :11/07/2008

 O R D E R
                           M.N.KRISHNAN, J
                      =====================
                         MACA No.424 OF 2005
                      =====================

                  Dated this the 11th day of July 2008

                               JUDGMENT

This appeal is preferred against the award of the Motor Accidents

Claims Tribunal, Tirur in O.P.(MV)No.1183 of 1995. The Tribunal

awarded a compensation of Rs.19,650/- with 12% interest and Rs.400/- as

costs. The insurance company was exonerated from the liability on the

ground that the insurance policy has not been proved. Thus the award

passed is against respondents 1 and 2 in the claim petition jointly and

severally. It is against that award the first respondent has preferred this

appeal.

2. The vehicle involved in the accident is an auto rickshaw bearing

Regn.No. KL 10/6932. The accident had taken place on 15.7.1992 at 6.45

p.m. Along with the memorandum of appeal Annexure A1 is produced to

show that the vehicle was validly insured. Learned counsel for the insurance

company also submits that there was a policy, but it could not be admitted

at that time for want of particulars or in other words the existence of the

policy is seen proved. The name of the registered owner, the registration

MACA 424/2005 -:2:-

number of the vehicle involved are all correct and the validity of the

insurance is for the period from 30.11.1991 to 29.11.1992 and the accident

had taken place on 15.7.1992. So it concludes that on the date of accident

there was a valid coverage for the vehicle and the insurance company is

bound to indemnify the owner of the vehicle. Therefore the award has to be

modified. Respondents 1 to 3 in the original claim petition are jointly and

severally liable and the insurance company has to pay the amount. It is

submitted that the claimant is dead and an execution petition, E.P.3 of 2002

is pending before the Tribunal filed by the original claimant. The insurance

company can deposit the amount before the Tribunal and the Tribunal, on

satisfaction that who is the legal representative of the deceased claimant,

can disburse the amount in accordance with law. Since the entire liability is

now to be borne out by the insurance company, any amount deposited by the

appellant herein is to be reimbursed to him.

MACA is disposed of as above.

M.N.KRISHNAN, JUDGE

Cdp/-