Thulasidharan v. United Insurance Company Ltd
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 16070 of 2015 (G) -------------------------------------- PETITIONER(S):
----------------------- THULASIDHARAN, AGED 59 YEARS, S/O.JANARDHANA, AMURTHA NIVAS, KUNNUMEL, KELEMANOOR THIRUVANANTHAPURAM.
BY ADVS.SRI.V.G.ARUN (K/795/2004) SRI.ANOOP BHASKAR RESPONDENT(S):
------------------------,
1. UNITED INSURANCE COMPANY LTD., 24 WHITE ROAD, CHENNAI- 600 014, REPRESENTED BY ITS GENERAL MANAGER.
2. UNITED INDIA INSURANCE COMPANY LTD, BRANCH OFFICE ATTINGAL - REPRESENTED BY ITS BRANCH MANGER BY ADV. SRI.P.K.MANOJKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 16070 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1-THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF CAR BEARING REGISTRATION NO.KL-01 - BP-5282.
P2- THE TRUE COPY OF THE DRIVERS LICENSE NO.16/8018/1990. P3- THE TRUE COPY OF INSURANCE CERTIFICATE BEARING NUMBER 1004023114P111686750.
P4- THE TRUE COPY OF GENERAL DIARY EXTRACT OF VENJARAMOODU POLICE STATION DATED 20.4.2015.
P5- THE TRUE COPY OF THE ESTIMATE ISSUED BY PATEL CARS (PVT LTD). P6- THE TRUE COPY OF THE LETTER DATED 22.5.2015 ISSUED BY THE 2ND RESPONDENT RESPONDENT(S)' ANNEXURES:
ANNEXURE A1: THE PHOTOSTAT COPY OF THE REQUEST NO.UIIC 100400 AGENTS:1405 DTD.14.5.2015 ISSUED BY THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, HEAD OFFICE 24, WHITES ROAD, CHENNAI, TO THE REGIONAL TRANSPORT OFFICER, ATTINGAL.
ANNEXURE A2: THE PHOTOSTAT COPY OF THE REPLY NO.G3/1779/AII/2015 DTD.16.6.2015, ISSUED BY THE SENIOR SUPERINTENDENT, TO THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, ATTINGAL.
//TRUE COPY// P.A.TO JUDGE.
Msv/
A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = W.P(C) No.16070 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 19th day of August, 2015
JUDGMENT
The petitioner has come up before this Court aggrieved by the rejection of his claim for own damages for his vehicle insured with the respondent insurance company for the reason that he was not having any effective valid driving licence to drive Light Motor Vehicle (LMV) on the date of the accident. According to the petitioner, though he was not having a licence, he was holding a licence to drive heavy vehicles only.
2. Today when the matter came up for hearing, the learned counsel for the respondent insurance company submitted that they are ready to consider the petitioner's claim de hors the objection now taken and shall pass final orders within one month from today and release the admissible amount.
3. The rejection of the petitioner's claim was on the ground that the petitioner was having a licence to drive heavy vehicles only. It is crucial to note that as per rule, licence to drive heavy vehicles would be granted only after the lapse of a particular period from the date of issue of a licence to drive LMV to the holder. Therefore, the possession of licence to drive heavy vehicle
WP(C)16070/15 -:2:- presupposes the existence of a driving licence to drive LMV vehicles. Moreover, the undertaking given by the respondent itself would indicate that the petitioner was having effective driving licence on the date of the accident.
However, in the light of the undertaking given by the respondents, the writ petition is closed.
Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj