IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 2034 of 2006()
1. V.G.RAMESH, S/O.GOKSHAPPAN,
... Petitioner
Vs
1. ANNAM, W/O.LATE THOMAS,
... Respondent
2. ROSELY, W/O.VAKKACHAN,
3. JOSEPH, S/O.LATE THOMAS,
4. JOY, S/O.LATE THOMAS,
5. THRESSIYAMMA, W/O.VARGHESE,
6. JOHNY, S/O.LATE THOMAS,
7. VEERAPPAN, S/O.VELAYUDHAN,
8. UNITED INDIA INSURANCE COMPANY LIMITED,
For Petitioner :SRI.RENNY AUGUSTINE
For Respondent :SRI.PMM.NAJEEB KHAN
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :29/06/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
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M.A.C.A.No.2034 OF 2006
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Dated 29th June, 2007
JUDGMENT
Koshy,J
.
This appeal is filed by the registered owner of the
vehicle questioning the award of the Tribunal enabling the
insurance company to realise the compensation from him.
2. Heard counsel for the appellant as well as
contesting respondents. Claim petition was filed by the legal
representatives of the motor accident victim. The Tribunal
awarded a compensation of Rs.98,300/= against a claim of
Rs.2,50,000/=. The Tribunal found that the accident occurred
due to the negligence of the 7th respondent who was driving the
vehicle insured by the insurance company. The Tribunal
directed the insurance company to pay the compensation and
realize it from the registered owner/insured as the driver was
not having valid driving licence. It is the case of the
appellant that he has sold the vehicle before the accident.
But, it was found on evidence that transfer of the vehicle was
after the date of accident. Main contention is that the
driver had valid driving licence and licence was produced on
2.11.1999 vide Cf.No.21113/99, but, the Tribunal did not
record and consider the same. In the above circumstances, we
MACA.2034/2006 2
are of the opinion that the matter should be remanded for
reconsidering the same. Counsel for the 7th respondent
driver also submitted that he had a valid driving license
at the time of the accident and it was produced before the
Tribunal. The only question to be considered is regarding
the recovery aspect by the insurance company and whether 7th
respondent has a valid licence at the time of the accident.
Only insurance company, driver and appellant need appear
before the Tribunal and claimants need not appear before
the Tribunal. The Tribunal shall post the case on
22.8.2007 and parties are directed to take notice of the
same for their appearance.
Appeal is allowed by way of remand.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks