Keelamannil Hassan vs Chettali Pareed on 6 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 589 of 2000()



1. KEELAMANNIL HASSAN
                      ...  Petitioner

                        Vs

1. CHETTALI PAREED
                       ...       Respondent

                For Petitioner  :SRI.M.P.MOHAMMED ASLAM

                For Respondent  :SRI.P.G.PARAMESWARA PANICKER

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :06/11/2007

 O R D E R
                          K. PADMANABHAN NAIR ,J.
                     -------------------------------------------------
                               M.F.A.No.589 of 2000
                     -------------------------------------------------
                   Dated, this the 6th day of November, 2007
                                    JUDGMENT

Petitioners in O.P.(MV) No.287/1985 on the file of the Motor Accidents

Claims Tribunal, Manjeri are the appellants. This appeal is filed against an award

passed by the Tribunal awarding a compensation of Rs.30,800/- to the appellants.

Son of the appellants met with a motor vehicle accident and died. Appellants filed

Original Petition claiming compensation. First respondent driver did not contest.

Second respondent who was impleaded as the owner of the vehicle raised a

contention that he was not the owner. He contended that he transferred the vehicle

to the additional fourth respondent. The fourth respondent raised a contention that

he sold the vehicle to the additional fifth respondent. The additional fifth

respondent raised a contention that he sold the vehicle to the additional sixth

respondent. Insurer raised a contention that because of the violation of the policy

conditions insurer is not liable to indemnify the insured. Tribunal found that the

appellants are entitled to get Rs.30,800/- as compensation. Tribunal exonerated

the insurer and directed the driver and subsequent transferees to pay the amount.

Challenging that award this appeal is filed.

2. Considering the date of accident, age of the victim, etc. it is not

possible to hold that the compensation awarded is very law. At the time of

accident awarding of compensation was concluded by the provisions under the

MFA No.589/2000 -: 2 :-

Motor Vehicles Act, 1939. Owner has no case that the transfer was not informed

to the insurer and got it endorsed in the RC book. The finding of the Tribunal that

insurer is not liable is correct and does not call for any interference. So no merit

in the appeal and it is only to be dismissed.

In the result, appeal is dismissed.

K. PADMANABHAN NAIR,
JUDGE.

cks

MFA No.589/2000 -: 3 :-

K.PADMANABHAN NAIR, J.

M.F.A.No.589 of 2000

JUDGMENT

6th November, 2007.