The Oriental Insurance Co.Ltd vs Ajayagosh.R
2023 Latest Caselaw 8202 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         TUESDAY, THE 1st DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                          MACA NO. 671 OF 2014
 AGAINST THE AWARD DATED 27.02.2012 IN OP(MV) No.2005/2007 OF MOTOR
                   ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM
APPELLANT/3rd RESPONDENT:
            THE ORIENTAL INSURANCE CO.LTD., KOTTAYAM,
            REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE,
            ERNAKULAM NORTH, KOCHI -18.

             BY ADVS. SMT.K.S.SANTHI
                      SMT.LATHA SUSAN CHERIAN


RESPONDENTS/ADDL.CLAIMANTS 2, 3 AND 4 & RESPONDENTS 1 & 2:
     1     AJAYAGOSH.R, ARUMATHA (H), T.V.PURAM P.O.,
           KANNUKETTUSSERY VAIKOM, PIN: 686 143

     2       ASOKAN.R., ARUMATHA (H), T.V.PURAM P.O.,
             KANNUKETTUSSERY VAIKOM, PIN: 686 143

     3       MOLLY, ARUMATHA (H), T.V.PURAM P.O.,
             KANNUKETTUSSERY VAIKOM, PIN: 686 143

     4       K.A.SULAIMAN, KUTTATHIKUDIYIL, MARKET P.O.,
             MOOVATTUPUZHA - 686 673.

     5       P.S.SONY, PUTHENTHARAYIL (H),
             PADINJATTUMCHERRY THEKKEMURY, VAIKOM - 686 143.

             BY ADVS. SRI.DOMSON J.VATTAKUZHY
                      SRI.K.H.ASIF
                      SMT.ANNA JOHN
                      SRI.C.A.MAJEED
                      SRI.MATHEW JOHN K
                      SMT.RAAGA R.RAMALAKSHMI
                      SRI.RAMEEZ NOOH


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA No.671 of 2014                         2



                                      JUDGMENT

The insurance company came up in appeal solely on the

reason that there was no valid policy issued as on the

alleged date of incident/accident. But, based on a cover

note reference number incorporated in the final report, the

Tribunal found that there was a valid policy as on the date

of alleged incident. The acceptance of premium would

constitute coverage of a valid policy that may be issued

right from the moment of its acceptance. But, no evidence,

worth the name, was tendered by the petitioner or the

registered owner of the vehicle in that behalf either by

producing the valid policy or cover note or receipt of

premium pertaining to the date on which the alleged

incident has happened. On the other hand, the insurance

company has produced their register of cover note which was

not taken into evidence presumably on the reason that

nobody was examined in that behalf by the insurance

company. Necessarily, an opportunity should be given to

the parties to resolve these issues by adducing evidence.

Hence, the appeal will stand allowed only for the said

purpose and the matter will stand remanded back to the

Tribunal for deciding the question of liability/exoneration

without altering the amount already adjudicated by way of

compensation, for which the parties shall appear before the

Tribunal on 18.08.2023.

Appeal will stand allowed in part accordingly.

Sd/-

P.SOMARAJAN JUDGE

DMR/-