United Sindia Insurance Co.Ltd vs K.G.Dennis on 19 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 707 of 1999(C)



1. UNITED SINDIA INSURANCE CO.LTD
                      ...  Petitioner

                        Vs

1. K.G.DENNIS
                       ...       Respondent

                For Petitioner  :SRI.P.SANKARANKUTTY NAIR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :19/01/2007

 O R D E R
                                             K.T. SANKARAN, J.

                       ...................................................................................

                                           M.F.A. No.  707  OF  1999

                      ...................................................................................

                                    Dated this the  19th January, 2007




                                               J U D G M E N T

The third respondent in O.P. (MV)No. 3303 of 1992 on the file of the

M.A.C.T, Kollam challenges the award dated 18.12.1998 only to the

extent to which the Tribunal did not permit the appellant to recover the

compensation amount from the respondents Nos. 1 and 2.

2. The accident occurred on 10.07.1992. The claimant was

travelling in a private bus bearing registration No. KRQ.7353 owned by the

first respondent before the Tribunal and driven by the second respondent

therein. The Tribunal awarded a sum of Rs. 10,750/- in favour of the

claimant with interest. It was held that the respondents Nos.1 to 3 are

liable. The third respondent, Insurance Company, was directed to deposit

the award amount. It is also stated in the award that execution shall be

first against the third respondent, and respondents Nos. 1 and 2 shall be

proceeded against only later.

3. It is stated in the grounds ‘B’ and ‘C’ of the Memorandum of

M.F.A. No. 707 OF 1999

2

Appeal thus:

“B. The driving license produced as that of the

third respondent is purported to have been issued from

the licencing authority, Madras City (West). On a

verification of licence the said licencing authority about

the correctness of the said driving licence, it was

found to be a bogus one and the Assistant Licencing

Authority issued a certificate to that effect and the

same was produced before the Tribunal in a

connected case. But these matters were not

considered by the Tribunal.

C. The opportunity to summon the registering

authority and examine him before the Tribunal was not

made available to the appellant, in spite of the request

for the same. It amounts to denial of opportunity to the

appellant to prove its case. ”

There is no appearance for the respondents.

4. In the facts and circumstances of the case and in the light of the

contentions raised in grounds B and C referred to above, the Tribunal shall

consider the contentions raised by the appellant on the merits after

affording an opportunity to the appellant to adduce evidence and to

produce documents. The appellant shall also be afforded an opportunity to

summon the registering authority to prove the contention that the driving

licence produced by the second respondent before the Tribunal was a

bogus one. The Tribunal shall consider the question as to whether the

M.F.A. No. 707 OF 1999

3

appellant-insurer should be permitted to realise the amount of

compensation paid by it from the respondents Nos. 1 and 2 in the O.P.(MV)

or from any one of them. However, the finding of the Tribunal on issue

No.1 and the finding on issue No.2 that the claimant is entitled to get a sum

of Rs.10,750/- as compensation are hereby confirmed.

In the result, the M.F.A. is allowed in part in the manner indicated

above. The parties shall appear before the Tribunal on 20.02.2007.

K.T. SANKARAN,

JUDGE.

lk

K.T. SANKARAN, J.

………………………………………………..

M.F.A. No. 707 OF 1999

…………………………………………………

Dated this the 19th January, 2007

J U D G M E N T