Kerala High Court
Moideen vs Moideen on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
MACA.No.1715 OF 2015(D)
AGAINST THE AWARD IN OP(MV) NO.773/2006 DATED 27-04-2013 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, THRISSUR
APPELLANT/4TH RESPONDENT:
MOIDEEN
AGED 59 YEARS, S/O.KOMU,
ALIYANNTHODY HOUSE, KARALAMANNA,
CHERUPPULLASSERY P.O., PALAKKAD.
BY ADV. SRI.A.N.SANTHOSH
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 3:
1 K.C.MANI @ MANIKUNJU
S/O.CHACKO ,
KOLLAMELATH HOUSE, P.O.ELANAD
THRISSUR 680 586
2 K.B.THAREKUTTY
MACHINGATHODI HOUSE,
P.O.MUNDAKOTTUKURISSI,
SHORNOUR, PALAKKAD 679 122.
3 FAKRUDHEEN S/O.MOIDEEN
ALIYATHODI HOUSE, KARALMANNA,
CHERUPPULLASSERY, PALAKKAD 679 506
4 NEW INDIA INSURANCE COMPANY LTD
BRANCH JRJ COMPLEX,
OTTAPALAM - 679 101.
R1 BY ADV. ADV.T.C.SURESH MENON(NO MEMO)
R1 BY ADV. ADV.T.C.SURESH MENONNO MEMO
R1, R3 BY ADV. SRI.P.S.APPU
R1 BY ADV. SRI.T.C.SURESH MENON
R1, R4 BY ADV. SRI.K.C.SANTHOSHKUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
M.A.C.A.No.1715/2015 2
JUDGMENT
Dated this the 11th day of February 2021
The appellant is the fourth respondent in O.P.(M.V.) No.773
of 2006 before the Motor Accidents Claims Tribunal, Thrissur.
The award dated 27.4.2013 was passed directing the third
respondent, Insurance Company to make payment of
compensation to the injured, claimant and recover the same
from the appellant under Section 149 (2) of the Motor Vehicles
Act (Hereinafter referred to as 'the Act'). Being aggrieved by the
direction issued under Section 149(2) of the Act, this appeal is
filed.
2. In paragraph 3 of the award, the learned Tribunal
noted that on the date of accident, the appellant was not holding
valid permit of the offending vehicle bearing registration No.KL-
09/L 2805 owned by him.
3. I heard the learned counsel for the appellant.
4. The appellant produced Annexure A1 original permit
dated 28.2.2003 issued in the name of Sri.Tharekutty, the
previous owner of the vehicle. The date of accident is 8.1.2006.
The period of validity of Annexure A1 is 28.2.2003 to 27.2.2008.
The Insurance Company has not filed any counter disputing the
genuineness of this document.
5. I am satisfied that the offending vehicle was covered
by valid permit on the date of accident. If this is the factual
position, the direction issued by the learned Tribunal directing
the Insurance Company to recover amount of compensation
under Section 149(2) of the Act is illegal. In view of the above, I
hold that the direction issued under Section 149(2) of the Act is
liable to be vacated.
In the result, the appeal is allowed and the direction in the
award dated 27.4.2013 issued in terms of Section 149(2) of the
Act is vacated.
Sd/-
T.V.ANILKUMAR
JUDGE
csl
APPENDIX
APPELLANT'S DOCUMENTS :
ANNEXURE A1: A TRUE COPY OF PERMIT NO.P.CO.C2-
209/2003/PO DATED 28.2.2003 ISSUED BY THE
REGIONAL TRANSPORT OFFICE, OTTAPALAM.
ANNEXURE A2: A TRUE COPY OF THE FITNESS CERTIFICATE IN
RESPECT OF THE VEHICLE KL-9-L-2805.
RESPONDENTS' DOCUMENTS:
NIL
