IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1900 of 2010()
1. THE ORIENTAL INSURANCE CO. LTD.,
... Petitioner
Vs
1. P.K.SUBAIR, PUTHALATH KANDY HOUSE,
... Respondent
2. AZIZ, S/O. KUNHABDULLA, PULPARA HOUSE,
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :17/12/2010
O R D E R
M.N. KRISHNAN, J.
...........................................
M.A.C.A.NO.1900 OF 2010
.............................................
Dated this the 17th day of December, 2010.
J U D G M E N T
This is an appeal preferred against the award of the
Claims Tribunal, Vadakara in OP(MV)No.454/2002. The
claimant sustained injuries in a road accident and the
Tribunal has awarded him a compensation of Rs.35,351/=
with a direction to the insurance company to pay the
amount.
2. The insurance company has challenged its liability
on the ground that the driver did not have the valid driving
licence or badge and therefore, it is not liable to pay the
amount. In para 14 of the award, the Tribunal just recorded
that no steps are taken by the third respondent to summon
the documents from respondents 1 or 2. But I am informed
by the learned counsel for the insurance company that such
an application was filed as I.A.No.343/2004 and in spite of
an order, the owner and the driver did not produce the
driving licence.
3. It is true that burden is on the insurance company,
: 2 :
M.A.C.A.NO.1900 OF 2010
but there are limitations for the insurance company to get
the particulars. They can only summon the person in
custody of the documents. When those people refused to
produce it, necessarily a logical conclusion is to be reached.
But in this case, unfortunately I find that the Tribunal has not
adverted to that contention. Therefore, I feel that an
opportunity has to be given to the insurance company as well
as to the owner and the driver.
4. So the award under challenge is set aside so far as it
relates to the inter se liability between the insurer and the
owner is concerned and a direction is given to the Tribunal
to permit all concerned to produce documentary as well as
oral evidence in support of their respective contention on
this question and thereafter dispose of the matter in
accordance with law. Parties are directed to appear before
the Tribunal on 24.01.2011. The insurance company shall
take out notice to the owner for a proper further proceeding
of the case.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
: 3 :
M.A.C.A.NO.1900 OF 2010
cl
: 4 :
M.A.C.A.NO.1900 OF 2010
M.N. KRISHNAN, J.
…………………………………….
A.S.NO.389 OF 2001
………………………………………
11th day of November, 2010.
J U D G M E N T
