The New India Assurance Company Ltd. v. Hassankutty @ Assankutty And Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY, THE 15TH DAY OF JULY 2015/24TH ASHADHA, 1937 MACA.No. 2190 of 2010 ( ) -------------------------- OP(MV) NO. 807/2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI DATED 19-05-2010 --------------- APPELLANT/3RD RESPONDENT :
------------------------------------------------- THE NEW INDIA ASSURANCE COMPANY LTD.
BRANCH OFFICE, VARIKKODAN BUILDINGS, NILAMBUR ROAD MANJERI, REPRESENTED BY ITS DEPUTY MANAGER.
BY ADVS.SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN RESPONDENTS/PETITIONER AND RESPONDENTS 1 & 2 : -----------------------------------------------------------------------------------
1. HASSANKUTTY @ ASSANKUTTY, ALINKUZHIYADU HOUSE, P.O.CHIRAYIL, THARAYITTAL PALLICKAL AMSOM, PALLICKAL P.O., KONDOTTY (VIA).
2. SHAMSUDHEEN, S/O.MUHAMMEDKUTTY, PALAMADATHIL CHEMBANTHODIKA HOUSE, P.O.PERUVALLUR, VIA KONDOTTY (DRIVER).
3. ABOOBACKER SIDDIQUE, S/O.MUHAMMED, KARATTUCHOLA HOUSE, P.O.CHEEKODE, VIA. CHERUVAYUR.
R3 BY ADV. SRI.K.VIDYASAGAR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
P.B.SURESH KUMAR, J.
----------------------------------- ------------------------------------------------ Dated this the 15th day of July, 2015
JUDGMENT
The insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.
2. The issue raised in the appeal is as to whether the insurer in a proceedings for compensation is entitled to be exonerated from the liability on the ground that the driver of the transport vehicle involved in the accident, which was the subject matter of the proceedings, was holding an authorisation (the badge) to drive the transport vehicle. The said issue has been decided against the appellant/insurer by the Full Bench of this Court in National Insurance Co.Ltd. vs. Jisha [2015 (1) KLT 1) In the light of the said decision, the appeal is devoid of
merits and the same is accordingly dismissed. P.B.SURESH KUMAR, JUDGE.
smm