High Court Kerala High Court

Kerala State Insurance … vs Ajith Kumar.C. on 20 June, 2008

Kerala High Court
Kerala State Insurance … vs Ajith Kumar.C. on 20 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 1777 of 2005()


1. KERALA STATE INSURANCE DEPARTMENT,
                      ...  Petitioner

                        Vs



1. AJITH KUMAR.C., CHELIPPALLIL VEEDU,
                       ...       Respondent

2. THE DIVISIONAL ENGINEER,

3. SHERAFUDEEN.M., SHALIMAR,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.K.P.DANDAPANI (SR.)

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

 Dated :20/06/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                      M.A.C.A. No. 1777 OF 2005
                             ---------------------
                  Dated this the 20th day of June, 2008

                               JUDGMENT

This appeal is preferred by the Kerala State Insurance

Department, Kollam, against the finding of the Tribunal directing it to

deposit the amount. The contention of the appellant is that the

vehicle involved in the accident is never insured with the Kerala State

Insurance Department and therefore, it is an unnecessary party and

that no liability can be saddled on the same.

2. Learned Standing counsel for the BSNL submits before

me that being a Central Government vehicle as the third party

insurance was exempted, there was no statutory liability on it to take

any insurance policy. It has no case that the vehicle was insured

with the Kerala State Insurance Department. So it has to be held

that the Kerala State Insurance Department was unnecessarily

dragged into the litigation and made liable to pay the amount. Its

liability is to be vacated. It is further stated by the learned counsel

that as per EP 83/05 in the above case, the amount has been

deposited by the BSNL as well. Therefore the claim amount awarded

MACA No.1777/05 2

is also deposited thereby satisfying the award passed by the

Tribunal.

Therefore the appeal is allowed. Since the Kerala State

Insurance Department is found to be not the insurer of the vehicle, it

is exempted from the liability.

M.N.KRISHNAN, JUDGE
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