Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 14TH DAY OF SEPTEMBER 2022 / 23RD BHADRA, 1944 MACA NO. 320 OF 2021 AGAINST THE AWARD IN OP(MV) 158/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA -----
APPELLANT/1ST RESPONDENT: RAGHAVAN S/O. KELAPPAN, KOODATHIL HOUSE, PALLIKKARA P.O, THIKKODI, MELADI, KOYILANDY TALUK, KOZHIKODE 673 522. BY ADVS. T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENTS/PETITIONERS 1 TO 10 AND RESPONDENT 2 AND 3: 1 KALLIANI.K.P. W/O. LATE KRISHNAN, AGED 83 YEARS, KANDAPPAM KUNDIL KUNIYIL PARAMBATH HOUSE, CHOMBALA P.O., VADAKATA TALUK, KOZHIKODE 673 308. 2 BALAN K.P., AGED 69 YEARS S/O. LATE KRISHNAN, AALIYOTT HOUSE, KALLACHI P.O, VADAKARA TALUK, KOZHIKODE 673 506. 3 VIJAYAN P.P, S/O. LATE KRISHNAN, AGED 68 YEARS, PUTHIYA PARAMBATH HOUSE, CHOMBHALA P.O, VADAKARA TALUK, KOZHIKODE 673 306. 4 KESAVAN K.P. S/O. LATE KRISHNAN, AGED 64 YEARS, SNEHALAYAM, AZHIYOOR, CHOMBALA P.O, VADAKARA KOZHIKODE 673 308. 5 LEELA, D/O. LATE KRISHNAN, AGED 61 YEARS, PARAKKOTTOOR THERAMMAL HOUSE, VILLIAPPALLY P.O, VATAKARA TALUK, KOZHIKODE 673 542. MACA NO. 320 OF 2021 -2- 6 YESODA, D/O. LATE KRISHNAN, AGED 59 YEARS, VALIYA KANDATHIL THAZHE KUNIYIL HOUSE, PATHIRAPPATTA P.O, VADAKARA TALUK, KOZHIKODE 673 507. 7 RADHA, D/O. LATE KRISHNAN, AGED 57 YEARS, PILAKKATT HOUSE, NADAPURAM P.O, VATAKARA TALUK, KOZHIKODE 673 504. 8 BABU K.P, S/O. LATE KRISHNAN, AGED 55 YEARS, KANDAPPAM KUNDIL KUNIYIL PARAMBATH HOUSE, CHOMBALA P.O, VADAKARA TALUK, KOZHIKODE 673 308. 9 SUDARSAN K.P, S/O. LATE KRISHNAN, AGED 51 YEARS, KIZHAKKEKANDAPPAM KUNDIL HOUSE, CHOMBALA P.O, VATAKARA TALUK, KOZHIKODE 673 308. 10 SUJATHA K.P, D/O. LATE KRISHNAN, AGED 47 YEARS, PULARIPOD KUTTY HOUSE, ORKKATTERI P.O, VATAKARA TALUK, KOZHIKODE 673 501. 11 SHYNIN, S/O.R AGHAVAN, AGED 34 YEARS, KOODATHL HOUSE, PALLIKKARA P.O, THIKKODI , MELADI, KOYILANDY TALUK, KOZHIKODE 673 522. 12 NATIONAL INSURANCE CO.LTD, REPRESENTED BY THE MANAGER/AUTHORISED SIGNATORY, DIV NO. 10, FLAT NO. 101-106, N-1, BMC HOUSE, CANNAUGHT PLACE, NEW DELHI 110 001. BY ADV SRI.E.M.JOSEPH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of September, 2022
J U D G M E N T
The registered owner of an offending motor vehicle involved in a motor accident compensation claim, is the appellant. He is aggrieved by the award of the Tribunal in so far as it held him to be liable and permitted the Insurance Company to recover the compensation amount from him.
2. The accident which led to the claim proceedings
occurred on 03.09.2008. The appellant is the registered owner of the vehicle. The appellant and the driver of the vehicle remained ex parte before the Tribunal.
3. Though there was a valid insurance for the
vehicle, since it was not proved that the driver of the vehicle held a valid driving licence at the relevant time, an award was passed directing the Insurance Company to pay the compensation amount and permitting to have it recovered from the appellant-registered owner. -: 2 :-
4. Heard learned counsel for the appellant and the 12th respondent Insurance Company. In spite of service of notice on the other respondents, there is no appearance.
5. Before this Court, the appellant has, along with
IA 2/2021 produced the original driving licence of the driver. A perusal of the same suggest that the driving licence was valid for the period from 01.07.2004 to 30.06.2024 which covers the date of the accident. As noticed above, both the registered owner as well as the driver were ex parte before the Tribunal. Though the Tribunal was justified in permitting the Insurance Company to recover the award amount from the appellant, since the driving licence has been produced before this Court, it is deemed appropriate that an opportunity be granted to the appellant to have his defence substantiated. The matter needs to be sent back to the Tribunal to have the question of the appellant’s liability to be reconsidered. Both sides shall be -: 3 :- permitted to adduce evidence.
6. In the light of the above, the award dated
13.08.2015 of the Motor Accidents Claims Tribunal, Vadakara, in so far as it grants the Insurance Company the right of pay and recovery of the compensation amount from the appellant is set aside. The matter is remanded back to the Tribunal for consideration of the question as noticed above. It is made clear that the award in so far as it relates to the grant of compensation to the claimants has not been interfered with. Parties to appear before the Tribunal on 12.10.2022. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P.S. to Judge