Kerala High Court
Raveendran vs Balu Mohan on 1 February, 2024
MACA.No.3836/23 & Conns. 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
MACA NO. 3836 OF 2023
AGAINST THE ORDER/JUDGMENT OPMV 1011/2010 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL PALA
APPELLANTS/2ND RESPONDENTS:
JOSE PHILLIP,
AGED 75 YEARS,
S/O.PHILLIP, KAVUNNUKATTIL HOUSE,
KIDANGOOR SOUTH P.O, KOTTAYAM, PIN - 686 583.
BY ADVS.
MATHEW JOHN (K)
ABY J AUGUSTINE
RESPONDENTS/RESPONDENTS/1ST AND 3RD RESPONDENTS:
1 RAVEENDRAN,
S/O.GOPALAN, VALLOPPALLIL, ASHA BHAVAN HOUSE,
KADAPPOOR KARA, KANAKKARY VILLAGE, KOTTAYAM,
PIN - 686 631.
2 THE NATIONAL INSURANCE CO.LTD.,
REPRESENTED BY ITS DIVISIONAL MANGER,
KOTTAYAM, PIN - 686 001.
BY ADVS.GEORGE A.CHERIAN, SC
ARATHI PRABHAKARAN(K/001158/2022)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH MACA Nos.3568/2020, 495/2023
AND 3864/2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.3836/23 & Conns. 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
MACA NO. 3568 OF 2020
AGAINST THE ORDER/JUDGMENT OPMV 1026/2010 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL PALA
APPELLANT/1ST RESPONDENT.:
RAVEENDRAN,
AGED 52 YEARS,
S/O.GOPALAN, VALLOPALLIL (ASHA BHAVAN) HOUSE,
KADAPPOOR P.O., KANAKKARY VILLAGE,
KOTTAYAM DIST. - 686 631.
BY ADV.JOSEPH T.JOHN
RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3:
1 BALU MOHAN,S/O.MOHANAN NAIR, SREE SAILAM HOUSE,
SH MOUNT P.O., KOTTAYAM - 686 006.
2 JOSE PHILIP,
S/O.PHILIP, KAVUNNUKATTIL HOUSE,
KIDANGOOR SOUTH P.O., KOTTAYAM DISTRICT - 686 583.
3 THE NATIONAL INSURANCE CO.LTD.,
REPRESENTED BY ITS DIVISIONAL MANAGER, KOTTAYAM,
KOTTAYAM DISTRICT - 686 002.
BY MVTHAMBAN(T-12)BY ADVS.R.REJI
THARA THAMBAN(T-209)
B.BIPIN(K/297/2007)
ARUN BOSE(K/140/2013)
R3 BY SRI.GEORGE A.CHERIAN, SC
SRI.ALEXY AUGUSTINE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH MACA Nos.3836/2023, 495/2023
AND 3864/2023,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.No.3836/23 & Conns. 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
MACA NO. 495 OF 2023
AGAINST THE ORDER OPMV 1011/2010 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL PALA
APPELLANT/1ST RESPONDENT:
RAVEENDRAN,AGED 52 YEARS,
S/O.GOPALAN, VALLOPALLIL ( ASHA BHAVAN) HOUSE,
KADAPPOOR P.O., KANAKKARY VILLAGE,
KOTTAYAM DIST-686 631.
BY ADV.JOSEPH T.JOHN
RESPONDENTS/PETITIONER AND RESPONDENTS 2 AND 3:
1 RAHUL,
S/O.VIJAYAN, PERUMBALLIL HOUSE, MANTHADY KAVALA
BHAGAM, KIDANGOOR SOUTH KARA, KIDANGOOR SOUTH
VILLAGE, KOTTAYAM-686 583.
2 JOSE PHILIP,S/O.PHILIP, KAVUNNUKATTIL HOUSE,
KIDANGOOR SOUTH P.O., KOTTAYAM DISTRICT-686 583.
3 THE NATIONAL INSURANCE CO.LTD.,REPRESENTED BY ITS
DIVISIONAL MANAGER, KOTTAYAM, KOTTAYAM DISTRICT-
686 002.
BY ADVS.R.REJI
M.V.THAMBAN(T-12)
THARA THAMBAN(T-209)
B.BIPIN(K/297/2007)
ARUN BOSE(K/140/2013)
R3 BY ADV. GEORGE A.CHERIYAN, SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH MACA Nos.3836/2023,3568/2020
and 3864/2023,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.No.3836/23 & Conns. 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
MACA NO. 3864 OF 2023
AGAINST THE ORDER/JUDGMENT OPMV 1026/2010 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL PALA
APPELLANT/2ND RESPONDENT:
JOSE PHILLIP,AGED 75 YEARS,
S/O.PHILLIP, KAVUNNUKATTIL HOUSE,
KIDANGOOR SOUTH P.O, KOTTAYAM - 686 583.
BY ADVS.MATHEW JOHN (K)
ABY J AUGUSTINE
RESPONDENT/1ST RESPONDENT:
1 RAVEENDRAN,S/O.GOPALAN, VALLOPPALLIL, ASHA BHAVAN
HOUSE, KADAPPOOR KARA, KANAKKARY VILLAGE,
KOTTAYAM, PIN - 686 631.
2 NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS
DIVISIONAL MANAGER, KOTTAYAM, PIN - 686 001.
BY ADVS.GEORGE A.CHERIAN, SC
ARATHI PRABHAKARAN(K/001158/2022)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 01.02.2024, ALONG WITH MACA Nos.3836/2023,
3568/2020 and 495/2023,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
MACA.No.3836/23 & Conns. 5
JUDGMENT
[MACA Nos.3836/2023, 3568/2020, 495/2023, 3864/2023]
...
All these appeals arise from a common award passed in
O.P.(MV).Nos.1026 of 2010 and 1011 of 2010 by the Motor
Accidents Claims Tribunal, Pala. M.A.C.A.No.3568 of 2020 and
M.A.C.A.No.495 of 2023 were filed by the 1 st respondent, the
driver of the vehicle involved in the accident, whereas
M.A.C.A.No.3836 of 2023 and M.A.C.A.No.3864 of 2023 were
filed by the 2nd respondent, the registered owner of the said
vehicle.
2. The claim petition was filed by the respective
claimants, seeking compensation for the injuries sustained to
them in a motor accident that occurred on 07.10.2010. The
vehicle was insured with the 3 rd respondent in the claim petition.
The grievance of the appellants is confined to the right of the
recovery granted to the 3rd respondent in the award passed by
the Tribunal, on the ground that the 1 st respondent was driving
the vehicle, which was a jeep bearing registration No.KL-35-A-
2857, without valid driving licence.
3. The Tribunal found that, as the 1 st respondent was not
having a badge authorizing him to drive the the transport vehicle
and therefore, there was violation of conditions. The right of
recovery was granted to the 3rd respondent in the claim petition
in such circumstances.
4. In compliance of the award, the 3rd respondent/insurer
deposited the compensation awarded by the Tribunal in both the
claim petitions and revenue recovery proceedings were initiated
against the appellants in these appeals. These appeals were
submitted in such circumstances.
5. Heard Sri.Joseph T.John, learned counsel for the
appellant in M.A.C.A.No.495 of 2023 and M.A.C.A.No.3568 of
2020, Sri.Mathew John K., learned counsel for the appellants in
M.A.C.A.No.3836 of 2023 and 3864 of 2023 and Sri.George
A.Cherian, learned counsel for the insurer of the said vehicle.
6. The only contention raised by the learned counsel
appearing for the appellants is to the effect that, the issue raised
by them is covered in their favour as per the principles laid down
by the Honourable Supreme Court in Mukund Dewangan v.
Oriental Insurance Company Ltd [2017(3) KLT 1000]. It
is to be noted that in the said decision, the Honourable Supreme
Court held that in respect of vehicles with unladen weight less
than 7500 kilo grams, lack of authorization to drive the transport
vehicle cannot be treated as violation of the policy conditions
enabling the insurer to get reimbursement of the compensation.
7. In these cases, the driving licence of the 1 st
respondent in the claim petitions, the driver of the vehicle, is
already produced and marked as Ext.B2. On perusal of the
same, it is seen that, the 1st respondent in the claim petition
was having a valid licence to drive any light motor vehicle in the
non-transport category and the vehicle involved in these cases
was a jeep, a light motor vehicle, even though it was a transport
vehicle. Therefore, in the light of the observations made by the
Honourable Supreme Court in Mukund Dewangan (supra)
lack of authorization to drive the transport vehicle cannot be
treated as a ground to permit the insurer to recover the
compensation from the driver and the owner. Accordingly, the
contentions raised by the appellants are to be accepted.
In the result, all these appeals are allowed. The common
award passed by the Motor Accidents Claims Tribunal, Pala in
O.P.(MV).Nos.1011 of 2010 and 1026 of 2010 are hereby set
aside to the extent it permitted the 3 rd respondent in the claim
petition to recover the amount of compensation from the 1 st and
2nd respondents in the claim petition who are the appellants in
these appeals.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/1.2.24
