M.P.Prasad vs Oriental Insurance Company ...
2023 Latest Caselaw 10534 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                 &
                THE HONOURABLE MR.JUSTICE V.G.ARUN
     MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       WA NO. 1727 OF 2023
AGAINST THE JUDGMENT IN WP(C) 27419/2014 DATED 27.07.2023 OF HIGH
                         COURT OF KERALA
APPELLANT/PETITIONER IN THE WRIT PETITION:

          M.P.PRASAD
          AGED 60 YEARS
          S/O.PUSHKARAN(LATE),PRASANTH
          NIVAS,BHRAHMAMANGALAM.P.O,VAIKOM,KOTTAYAM DISTRICT.,
          PIN - 686605
          BY ADVS.
          J.JULIAN XAVIER
          FIROZ K.ROBIN
          ROY JOSEPH
          ANIES MATHEW
          NIRMAL KURIEN EAPEN
          MARTIN K.J.


RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:

    1     ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS
          DIVISIONAL MANAGER
          DIVISIONAL OFFICE NO.1,MATTEETHARA BUILDING,KOTTAYAM -
          686013
    2     ORIENTAL INSURANCE COMPANY LIMITED
          REGIONAL OFFICE,METRO PALACE,NORTH RAILWAY STATION
          ROAD,KOCHI- 682018


          SC GEORGE A .CHERIAN


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16.10.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 1727 OF 2023


                                  -2-

                            JUDGMENT

A.J.DESAI, C.J.

By way of the present writ appeal filed under Section 5 of the

Kerala High Court Act, the original petitioner has challenged the

judgment dated 27.07.2023, passed by the learned Single Judge, in

the captioned W.P.(C)No.27419/2014, by which, the challenge to an

award dated 16.07.2014, passed by the Permanent Lok Adalat to

grant an amount of Rs.2,27,088/- towards damages from the

respondent Insurance Company, came to be dismissed. The short

facts of the writ appeal are as under:

2. The appellant, who was employed as an attender in the

Vocational Higher Secondary School, Bhrahmamangalam,

purchased a brand new Tata Winger vehicle on 31.10.2012, on

payment of an amount of Rs.8,46,244/-. It is the case of the

appellant that, after purchasing the vehicle, the appellant got it

registered with registration No. KL-36C-5924. It is also the case of

the appellant that the appellant took insurance policy with respect to

the vehicle from the present 1st respondent on payment of a WA NO. 1727 OF 2023

premium of Rs.21,715/-. The policy was valid from 01.11.2012 to

31.10.2013. The vehicle was parked in the residential compound of

his relative one Baburaj, whose house is in front of the School where

the appellant was employed. Although, the appellant is having a

driving licence, the vehicle was being driven by Baburaj, as engaged

by the appellant. While so, on 09.11.2012, after a test drive, the

vehicle washed from the school. While Baburaj was taking the

vehicle back, an accident occurred, and the vehicle was damaged

extensively.

3. The matter was thereafter reported to the Insurance

Company and the appellant also submitted his claim to the tune of

Rs.2,27,088/-. The demand was refused by the Insurance Company

and therefore, the appellant approached the Permanent Lok Adalat.

4. The respondent company opposed the claim of the appellant

raising several issues. It is the case of the Insurance Company that

the compound of the school is a private place and therefore, the

Insurance Company has no liability, as the policy covers occurrence

in a public place alone. It is the contention of the Insurance

Company that the submission of the appellant about the accident WA NO. 1727 OF 2023

having taken place in the school compound is also not correct. The

report submitted by the Insurance Company does not support the

factual aspects about the claim put forth by the appellant. It is also

the case of the Insurance Company that the vehicle was not covered

by a valid permit and fitness certificate at the time of the accident.

Further, the accident occurred while the appellant was driving the

vehicle. As the petitioner did not have a Badge, authorising him to

drive transport vehicles, the policy condition was also violated.

Considering the above aspects, the Permanent Lok Adalat, after

dealing with the case in detail, rejected the claim put forth by the

present appellant. The said decision was challenged in the captioned

writ petition. After considering all the aspects, the learned Single

Judge dismissed the petition and hence the present appeal.

5. The learned Counsel appearing for the appellant would

submit that the Permanent Lok Adalat as well as the learned Single

Judge have committed error in rejecting the claim of the appellant.

He would further submit that he had applied for fitness certificate

and before presenting the vehicle for fitness certificate, the accident

occurred and therefore, he is entitled for the claim of Rs.2,27,088/-. WA NO. 1727 OF 2023

6. On the other hand, the learned Counsel appearing for the

Insurance Company would submit that the present appellant has not

produced any fitness certificate before the Lok Adalat or before the

Learned Single Judge and therefore the Insurance Company is not

liable to pay the demand claimed by the appellant.

7. Having heard the learned Advocates appearing for

respective parties as well as going through the recent order passed

by the Permanent Lok Adalat and confirmed by the learned Single

Judge, we are of the opinion that, in absence of any fitness

certificate, the Insurance Company has not committed any error in

rejecting the claim, since no such document was produced before the

authority.

The writ appeal is dismissed accordingly.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE uu 16.10.2023 WA NO. 1727 OF 2023

APPENDIX OF WA 1727/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX INVOICE DATED 31.10.2012 ISSUED BY THE POPULAR MEGA MOTORS Exhibit P2 A TRUE COPY OF CERTIFICATE OF REGISTRATION Exhibit P3 TRUE COPY OF THE INSURANCE CERTIFICATE VALID FOR THE PERIOD FROM 01.11.2012 TO 31.10.2013 Exhibit P4 A TRUE COPY OF THE DRIVING LICENSE ISSUED TO THE PETITIONER Exhibit P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE MANAGER, BRAHMAMANGALAM HIGH SCHOOL UNION, BRAHMAMANGALAM P.O, VAIKOM Exhibit P6 A TRUE COPY OF DRIVING LICENSE OF SRI. BABU RAJ K Exhibit P7 A TRUE COPY OF THE APPLICATION DATED 10.11.2012 IN THE FORMAT ISSUED BY THE 1ST RESPONDENT Exhibit P8 COPIES OF THE BILLS Exhibit P9 A TRUE COPY OF THE REJECTION LETTER DATED 08.08.2013 ISSUED BY THE 1ST RESPONDENT Exhibit P10 A TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER AS REQUESTED BY THE RESPONDENT Exhibit P11 TRUE COPY OF THE REPORT SUBMITTED BY THE HEADMISTRESS, VOCATIONAL HIGHER SECONDARY SCHOOL, BRAHMAMANGALAM TO THE 1ST RESPONDENT Exhibit P12 A TRUE COPY OF THE AWARD DATED 16.07.2014 OF PERMANENT LOK ADALATH, ERNAKULAM Ext.P5 (a) True English translation of Ext.P5 Exhibit R1(a) TRUE COPY OF MOTOR SURVEY REPORT DATED 31.12.2012 Ext.P10 (a) True English translation of Ext.P10