IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 165 of 2007()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. REGI, S/O.KURIAN,
... Respondent
2. BIJU JOSE, S/O.JOSE,
3. V.T.THOMAS, VELUTHEDATHUPARAMBIL
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent :SRI.P.V.GEORGE(PUTHIYIDAM)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/10/2009
O R D E R
M.N.KRISHNAN, J.
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M.A.C.A. NO. 165 OF 2007
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Dated this the 19th day of October, 2009.
J U D G M E N T
This is an appeal preferred by the Insurance Company against
the award of the Claims Tribunal Thodupuzha in OP(MV) 858/1997.
The Tribunal found that the owner has suppressed material facts and
obtained a policy. The Insurance company has to compensate the
third party and to recover from the owner. The Tribunal in Para 19 of
the award has clearly mentioned ” therefore, there was suppression of
material facts on the part of the insured at the time of taking the
policy”. This very same point came up for consideration before a
Division Bench of the Madhya Pradesh High Court in the decision
reported in 2007 A.C.J 991 Radhabai and others Vs. Siddique and
others. It was held that the Insurance Company is liable to pay the
compensation. The Division Bench held as follows:
” Fastening of liability on the insurer has
gone a sea change. After the decision in 2003
A.C.J (1) (SC) New India Assurance Company
Limited Vs. Asha Rani . The apex court has now
come to a conclusion that in cases of fake licence
and fraud alleged by the Insurance company and
M.A.C.A. NO. 165 OF 2007 2
the violation of other conditions of policy. The
Insurance Company would continue to remain
laible to the innocent third party but could recover
the same from the insured”.
What is precisely done by the Tribunal is the same. Therefore, the
award passed by the Tribunal does not call for any interference. So
the appeal is dismissed.
M.N.KRISHNAN, JUDGE
ln.