Kerala High Court
A.N.Balakrishnan vs Indulekha on 10 December, 2008
Author: Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934
MACA.No. 1973 of 2009 (C)
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AGAINST THE AWARD IN OPMV.173/2004 of M.A.C.T.,KOLLAM
DATED 10-12-2008
APPELLANT(S)/1ST RESPONDENT:
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A.N.BALAKRISHNAN, S/O. NEELAKANTAN,
KUNNATH KIZHAKKATHIL VEEDU, 'MATHILIL' CHERRI
MATHILIL P.O., KOLLAM.
BY ADV. SRI.PRATHEESH.P
RESPONDENT(S)/CLAIMANT & RESPONDENTS 2 & 3:
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1. INDULEKHA, D/O. SARASAMMA,
AMBADI, PUNUKKANNOOR CHERRI, ELAMPALLOOR VILLAGE
PERUMPUZHA P.O., KOLLAM.
2. MADHU KUMAR K., S/O. KESAVAN,
DIVYA BHAVAN, PALACE WARD, THEVALLY
KOLLAM.
3. THE MANAGER,
NATIONAL INSURANCE COMPANY LIMITED, DIVISIONAL, OFFICE
PARAMESWARAN PILLAI BHAVAN, HOSPITAL ROAD, KOLLAM.
R3 BY ADV. SRI.JOE KALLIATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON
11-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S. Siri Jagan & Babu Mathew P. Joseph, JJ.
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M.A.C.A. No. 1973 of 2009
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Dated this, the 11th day of March, 2013.
J U D G M E N T
Siri Jagan, J.
This appeal is filed by the 1st respondent-owner in O.P(MV) No. 1973/2009 before the Motor Accidents Claims Tribunal, Kollam, challenging that part of the award, whereby the Insurance Company has been absolved from liability on the ground that the driver did not possess a badge on the date of the accident. The contention is that in view of the decisions of this Court in P.T. Moidu v. Oriental Insurance Co. Ltd., and others, 2007(4) KHC 385 and New India Assurance Co. Ltd., v. Balakrishnan and others, 2011(4) KHC 203, the absence of a badge for the driver is not a violation of the conditions of the policy and therefore the Insurance Company cannot be absolved from liability on that ground.
2. We have heard the learned counsel for the Insurance Company also.
3. As per the decisions referred to above, it is settled law that absence of a badge for the driver is not a ground for absolving the Insurance Company from liability. Accordingly, the appeal is allowed and the award to the extent it holds that the Insurance Company is not liable to indemnify the appellant and the Insurance Company has been given right to recover the amount paid by the Insurance Company, is set aside and it is M.A.C.A. No. 1973 of 2009 -: 2 :- declared that the Insurance Company is not entitled to recover the amount paid by them as per the award from the appellant.
Sd/- S. Siri Jagan, Judge.
Sd/- Babu Mathew P. Joseph, Judge.
Tds/ [True copy] P.S to Judge.