The New India Assurance Company Limited v. N.Balakrishnan And Another

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936 MACA.No. 201 of 2011 ( ) ------------------------- OPMV 564/2001 of M.A.C.T., THALASSERY APPELLANT(S)/3RD RESPONDENT:

------------------------------- THE NEW INDIA ASSURANCE COMPANY LIMITED, PAYYANNUR, NOW REPRESENTED BY ITS DEPUTY MANAGER REGIONAL OFFICE, M.G.ROAD, KOHCI-11.

BY ADVS.SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW RESPONDENT(S)/RESPONDENTS 1 & 2:

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1. N.BALAKRISHNAN,S/O.N.K.KARTHYAYANI, CHERUTHAZHAM, MANDUR.P.O, VIA.PAYANGADI KANNUR DISTRICT.

2. THAZHEKURUNTHIL UDAYAKUMAR,S/O.BHARATHAN KANICHIRA, THAIKADAPPURAM.P.O, VIA NEELESWARAM KASARAGOD DISTRICT.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18-032015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.B.SURESH KUMAR, J.

----------------------------------------------- M.A.C.A. No.201 of 2011 ----------------------------------------------- Dated 18th March, 2015.

J U D G M E N T

The insurer in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.

2. One Madhusoodanan filed the petition for compensation, alleging that he sustained injuries in an accident took place on 26.10.2000 involving a transport vehicle owned by the first respondent and driven by the second respondent. The appellant was the insurer of the vehicle involved in the accident.

3. The appellant contested the petition contending that the second respondent was not holding an authorisation to drive a transport vehicle (badge).

4. The Tribunal rejected the contention raised by the appellant and passed an award permitting the claimant to recover the compensation determined as due from the

M.A.C.A. No.201 of 2011 appellant. The appellant is aggrieved by the award of the Tribunal and hence the appeal.

5. Heard the learned counsel for the appellant.

6. A Full Bench of this Court has now held in National Insurance Company Ltd. v. Jisha (2015(1) KLT 1) that want of authorisation for the driver of the vehicle involved in an accident to drive a transport vehicle would not absolve the insurer from the liability to indemnify the owner. There is, therefore, no merit in the appeal and the same is accordingly, dismissed.

Sd/- P.B.SURESH KUMAR, JUDGE.

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