IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1878 of 2006()
1. THE MANAGER DIRECTOR,
... Petitioner
Vs
1. FATHIMA, W/O.IMBICHI KOYA,
... Respondent
2. NISHATH, D/O.IMBICHI KOYA,
3. MANOJ, S/O.IMBICHI KOYA,
4. K.K.MOHAMMED, S/O.KUNHUMARAKKAR,
5. AISHA BEEVI, DO. DO.
6. STANLY, S/O.LAZAR,
7. THE UNITED INDIA INSURANCE CO. LTD.,
For Petitioner :SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :12/12/2008
O R D E R
M.N.KRISHNAN, J
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MACA No.1878 OF 2006
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Dated this the 12th day of December 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, N.Paravur in O.P.(MV)No.338 of 2001. There was a
collision between a motor cycle and a KSRTC bus, as a result of which the
claimant sustained injuries. The KSRTC did not contest the case before the
court below. On the basis of the materials available, the Tribunal held that
the accident took place on account of the negligence of the KSRTC driver,
fixed the compensation at Rs.44,500/- and directed the KSRTC and its
driver to pay the amount and exonerated the insurance company of the
motor cycle from the liability. The appeal is preferred by the KSRTC and
the sole contention is with respect to the insurance coverage of the KSRTC.
They have filed I.A.No.3442 of 2008 to receive a document which would
show that the vehicle involved in the accident was insured with the National
Insurance Company and the policy was valid for the period from 18.12.2000
to 17.12.2001. But, unfortunately as the KSRTC did not implead the
National Insurance Company, and so the liability was cast on the KSRTC
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and its driver. If really, the vehicle is insured, the insurance company is
bound to indemnify the owner. Therefore, the interest of justice requires
that opportunity is to be given to the KSRTC to implead the National
Insurance Company as a party to the proceeding and then the Tribunal is
directed to find out the validity of the insurance coverage, and then pass
appropriate orders. The question of awarding interest with respect to the
award amount by the National Insurance Company may also be considered
because they cannot be blamed for the reason as they had not been
impleaded as a party and it was not on account of their negligence delay had
been occasioned.
Therefore the award under challenge is set aside for the limited
purpose of impleading the National Insurance Company and to ascertain the
correctness of the policy. The negligence as well as the quantum remains
confirmed and so it goes without saying that United India Insurance
Company is not a necessary party now. The KSRTC can file an impleading
petition. Parties are directed to appear before the Tribunal on 19.1.2009.
MACA is disposed of accordingly.
M.N.KRISHNAN, JUDGE
Cdp/-
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