IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 441 of 2005()
1. THE ORIENTAL INSURANCE CO.LTD.,
... Petitioner
Vs
1. SOJAN MATHEW, S/O. MATHEW,
... Respondent
2. AJITHKUMAR, S/O. SIVASANKARAN NAIR,
3. K.G.JAYAKUMAR, KOLOTHUKAROOR (H),
For Petitioner :SRI.GEORGE CHERIAN (THIRUVALLA)
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :23/01/2009
O R D E R
M.N.KRISHNAN, J
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MACA No.441 OF 2005
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Dated this the 23rd day of January 2009
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Thodupuzha in O.P.(MV)No.709 of 2001. An
autorickshaw bearing Regn.No.KL-7Q 757 was involved in the accident
and the insurance company has denied the existence of the policy. The
Tribunal did not accept that contention holding that Ext.A1 charge sheet
shows the existence of a valid policy and therefore directed the insurance
company to pay the amount. It is against that decision, the appeal is
preferred.
2. Though respondents 1 and 3 are served, they had not chosen to
appear before the court and the 2nd respondent driver is deleted, as he is
dead. Learned counsel for the insurance company had produced before me
the policy relating to vehicle with the No.5811 issued in 2000 for a period
of one year, i.e. from 11.2.2000 to 10.2.2001. The accident had taken place
on 14.2.2001. Therefore the policy was valid only upto 10.2.2001 and as no
document is produced to show the coverage of the vehicle after that date,
MACA 441/2005 -:2:-
the insurance company cannot be saddled with the liability. It is stated in the
appeal memorandum that the Tribunal has only referred to the policy
No.5811, which is the policy for the period upto 10.2.2001 and therefore it
was incorrect in holding that there was a valid policy. When there is no
policy, the question of breach of policy conditions in the absence of a badge
may not loom large. The insurance company is therefore entitled to get total
exoneration from the liability.
Therefore the appeal is allowed and the award is modified and the
claimant is directed to realise the award amount from the 2nd respondent
and from the legal representatives of deceased first respondent in the claim
petition from the assets of the deceased first respondent jointly and
severally. The insurance company is totally exonerated from the liability.
M.N.KRISHNAN, JUDGE
Cdp/-