Jessy Davis vs Thanka
2024 Latest Caselaw 15023 Ker

Kerala High Court

Jessy Davis vs Thanka on 4 June, 2024

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
      TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       MACA NO. 3221 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 03.11.2022 IN OPMV NO.931 OF 2019
OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA

APPELLANTS/1st and 2nd RESPONDENTS:

     1     JESSY DAVIS
           AGED 58 YEARS
           W/O DAVIS, ARIKKADAN HOUSE, URUMBANKUNNU DESOM, ALOOR
           VILLAGE, THRISSUR DISTRICT., PIN - 680683
     2     JUBY DAVIS
           AGED 27 YEARS
           D/O DAVIS, ARIKKADAN HOUSE, URUMBANKUNNU DESOM, ALOOR
           VILLAGE, THRISSUR DISTRICT., PIN - 680683
           BY ADV RAJESH CHAKYAT

RESPONDENTS/PETITIONER AND 3RD RESPONDENT:

     1     THANKA
           AGED 65 YEARS
           D/O MANIKYAN, PARAPPURATH HOUSE, MURIYAD ANDICOMPANY
           DESOM, MURIYAD VILLAGE AND P.O., THRISSUR DISTRICT,
           PIN - 680693 [REMOVED AS PER ORDER DATED 4/6/2024 IN IA
           NO.3/2024]

     2     THE MANAGER
           THE UNITED INDIA INSURANCE CO LIMITED, IRINJALAKUDA,
           THRISSUR, PIN - 680121
           BY ADV RAJI T.BHASKAR


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 MACA NO. 3221 OF 2023               2



                              JUDGMENT

This appeal is at the instance of

respondents 1 and 2 in OP(MV) No.931 of 2019 on

the file of Motor Accidents Claims Tribunal,

Irinjalakuda challenging recovery ordered

against them.

2. Heard learned counsel for the appellants

and learned counsel for the 2nd

respondent/insurer.

3. It is submitted by learned counsel for

the appellants that IA No.3/2023 is pending

before Motor Accidents Claims Tribunal,

Irinjalakuda, filed by the 2nd respondent

insurer, to recover the award amount deposited

by them from the appellants. In fact the 2nd

appellant was having valid learners licence as

on the date of accident, and so there was no

violation of the policy conditions. The

appellants would submit that they entered

appearance before the tribunal challenging the

recovery petition filed by the 2nd respondent

insurer. So the appellants can contest that

matter before the Tribunal itself in order to

establish that there was no violation of the

policy conditions, so as to get exoneration

from the recovery ordered against them. Learned

Tribunal is directed to dispose IA No.3/2023 on

merit, within a period of three months from

today, after affording opportunity to both

pirates to establish their respective claims.

4. The recovery ordered against the

appellants shall be kept in abeyance till IA

No.3/2023 is disposed of.

5. With these directions, the appeal is

disposed of.

Registry to forward a copy of this order to

Motor Accidents Claims Tribunal, Irinjalakuda

forthwith.

Sd/-

SOPHY THOMAS, JUDGE ska

PETITIONER ANNEXURES Annexure 1 COPY OF THE LEARNERS LICENSE OF THE 2ND RESPONDENT ISSUED BY THE MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, CHALAKUDY