Reliance General Insurance Co. ... vs Sreesanth, S/O.Sreenarayanan
2022 Latest Caselaw 1017 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                         MACA NO. 3071 OF 2015

AGAINST THE AWARD IN O.P.(MV) NO.15/2011 DATED 30.01.2014 ON THE FILE
OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA.
APPELLANT:

             RELIANCE GENERAL INSURANCE CO. LTD., MUMBAI
             REPRESENTED BY ITS DEPUTY MANAGER,
             REGIONAL OFFICE, ERNAKULAM.

             BY ADVS.
             SRI.GEORGE CHERIAN (SR.)
             SMT.LATHA SUSAN CHERIAN
             SMT.K.S.SANTHI



RESPONDENTS:

     1       SREESANTH,
             S/O.SREENARAYANAN,
             RESIDING AT LAKSHMI NILAYAM,
             1/231, KAMBILI PARAMBATH HOUSE,
             WEST HILL P.O., PIN-673 005, KOZHIKODE.

     2       ABDUL SALAM P.,
             S/O.MUHAMMED K.,
             RESIDING AT 'SAKEELA MANZIL',
             URUVANCHAL P.O., PIN-670 702,
             MATTANNUR VIA, KANNUR DISTRICT.

             BY ADV SRI.BIBIN KUMAR

     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3071 OF 2015
                                -2-




                         C.S. DIAS, J.
       -----------------------------------------------------
                 MACA No.3071 of 2015
       -----------------------------------------------------
       Dated this the 25th day of January, 2022

                         JUDGMENT

The learned counsel appearing for the appellant

insurer submits that the appeal was filed for the reason

that the driver of the offending vehicle did not possess

a valid badge. However, in view of the declaration of

law by the Honourable Supreme Court in Mukund

Dewangan v. Oriental Insurance Company Limited

[2017 (3) KLT 1000 (SC)], the necessity of a badge

does not arise, because the gross weight of the vehicle

does not exceed 7,500 Kgs. Therefore, the appellant

may be permitted to withdraw the appeal and the

statutory deposit that was made may be permitted to be

returned to the appellant. The said submission is

recorded.

MACA NO. 3071 OF 2015

Hence, the appeal is dismissed as withdrawn and

the appellant would be at liberty to move the Tribunal

for getting back the statutory deposit that was made

before the Tribunal for filing the appeal.

Sd/-

C.S. DIAS JUDGE bpr