The United India Insurance Co. Ltd vs P.S. Reji
2025 Latest Caselaw 1328 Ker

Citation : 2025 Latest Caselaw 1328 Ker
Judgement Date : 9 June, 2025

Kerala High Court

The United India Insurance Co. Ltd vs P.S. Reji on 9 June, 2025

                                                       2025:KER:39978
MACA No.2143/2013
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

         MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947

                         MACA NO. 2143 OF 2013

 OPMV NO.616 OF 2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD

APPELLANT/3RD RESPONDENT:

             THE UNITED INDIA INSURANCE CO. LTD.
             KANHANGAD, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL
             OFFICE, HOSPITAL ROAD, ERNAKULAM


             BY ADVS.
             SRI.GEORGE CHERIAN (SR.)
             SMT.LATHA SUSAN CHERIAN
             SRI.GEORGE A.CHERIAN




RESPONDENTS/CLAIMANT & RESPONDENTS 1&2:

     1       P.S. REJI, S/O.STEPHEN, RESIDING AT PANTRUPARAYIL
             KAKKOL, BALAL (PO),BALAL VILLAGE, PARAPPA (VIA),
             KASARAGOD DISTRICT, PIN 671 533

     2       CHERUVELIL SUNNY.K.S
             S/O.SYRIAC, RESIDING AT CHERUVELIL HOUSE, KALLAR PO,
             RAJAPURAM, KALLAR VILLAGE, HOSDURG TALUK, KASARAGOD
             DISTRICT,PIN 671 533.

     3       C.SEBASTIAN                            (DIED)
             S/O.CHANDY, RESIDING AT OLIKKAL HOUSE, PO BALALM, BALAL
             VILLAGE, PARAPPA (VIA), HOSDURG TALUK, KASARAGOD
             DISTRICT,PI N 671 533.

    *4       GRACY SEBASTIAN
             W/O.LATE C.SEBASTIAN, OLIKKAL HOUSE, BALA P.O., BALAL
                                                       2025:KER:39978
MACA No.2143/2013
                                 ..2..

            VILLAGE, PARAPPA (VIA), HOSDURG TALUK, KASARGOD
            DISTRICT - 671 533

            *(ADDITIONAL RESPONDENT NO.4 IS IMPLEADED IN THE PARTY
            ARRAY, AS PER ORDER DATED 18.02.2025 IN IA.1/24)


            BY ADVS.
            SRI.A.ARUNKUMAR
            SRI.DINNY THOMAS



     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR HEARING
ON 23.05.2025, THE COURT ON 09.06.202 DELIVERED THE FOLLOWING:
                                                           2025:KER:39978
MACA No.2143/2013
                                     ..3..




                                JUDGMENT

This appeal has been filed by the third respondent insurer in

OP(MV) No.616 of 2005 on the file of the Motor Accidents Claims

Tribunal, Kasaragod, challenging the liability to pay compensation

awarded to the claimant. The first respondent herein was the claimant

and respondents 2 & 3 herein were respondents 1 & 2 before the

tribunal.

2. The case of the claimant before the tribunal was that

on 13.06.2005, while he was travelling in a jeep bearing Reg.No.KL-14A

6134 driven by the first respondent, the jeep was suddenly turned to

one side, whereby the claimant was thrown out of the jeep, causing

serious injuries. The claimant approached the tribunal claiming

compensation for the injuries. Respondents 1 and 2 appeared before the

tribunal. The respondent insurer filed a written statement, admitting the

policy coverage for the offending vehicle, but disputing the liability and

quantum of compensation claimed. Before the tribunal, Exts.A1 to A4

series were marked on the side of the claimant, and Ext.X1 as court

exhibit. No evidence was adduced by the respondents. The tribunal,

after analysing the pleadings and materials on record, held that the 2025:KER:39978

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accident took place on account of the negligence of the driver of the

offending vehicle and awarded a sum of ₹1,39,800/- as compensation

under different heads against the third respondent being the insurer.

The respondent insurer has come up in appeal, challenging its liability

to pay compensation.

3. During the pendency of the appeal, the third

respondent/owner of the offending vehicle expired and his legal heir

was impleaded as the additional fourth respondent.

4. Heard the learned Standing Counsel for the

appellant/respondent insurer, the learned counsel for the first

respondent/claimant and the learned counsel for the additional fourth

respondent/legal heir of the owner of the offending vehicle.

5. The learned Standing Counsel for the appellant

submitted that the vehicle involved in the case was covered by an 'act

only' policy and the claimant was a gratuitous passenger therein and is

not covered by the policy; and hence, the insurer has no liability to pay

the compensation under the impugned award.

6. Along with the appeal, the appellant produced a copy

of the policy covering the offending vehicle for the period from

14.01.2005 to 13.01.2006. The learned counsel for the fourth 2025:KER:39978

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respondent, who is the legal heir of the owner of the offending vehicle,

submitted that the insurer had failed to prove the said document, which

was not produced before the tribunal and hence, the owner of the

offending vehicle did not get an opportunity to contest the contention

now raised by the insurer in appeal.

7. The accident occurred on 13.06.2005. It is true that

the certified copy of the policy, covering the offending vehicle for the

period from 14.01.2005 to 13.01.2006, is produced before this Court

only in 2013. Since the said document was not produced before the

tribunal, the parties herein were denied the opportunity to raise

objections regarding the said document as well as to oppose the

contentions now raised by the insurer. Considering the afore facts, I am

of the opinion that the matter has to be remanded back to the tribunal

for considering the above issue. However, since the claimant has not

filed any appeal challenging the quantum of compensation awarded by

the tribunal, the compensation awarded by the tribunal need not be

interfered with on remand. The remand is only for adjudicating the issue

regarding the liability of the insurer to pay compensation under the

impugned award. Since the certified copy of the policy was produced by

the insurer only in 2013, if ultimately the tribunal exonerates the

insurer from the liability to pay compensation and finds the owner of the 2025:KER:39978

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offending vehicle liable to pay compensation, the interest on the

compensation amount from the date of petition till today shall be paid

by the insurer, not the owner of the offending vehicle.

Accordingly, the appeal is disposed of, as follows:

a) The impugned award is set aside to the extent of directing the

insurer to pay the compensation to the claimant.

b)The matter is remanded back to the tribunal for adjudicating the

issue regarding the liability of the insurer to pay compensation

under the impugned award.

c) The parties are directed to appear before the tribunal on

01.07.2025. The parties are at liberty to produce fresh

documents, if any, to substantiate their contentions regarding

the liability to pay compensation.

d)If the tribunal exonerates the insurer from paying the

compensation awarded, and if at all, the owner of the offending

vehicle is found liable, the owner shall not be mulcted with the

liability to pay interest on the compensation awarded, from the

date of petition till today and the insurer will be liable to pay

interest for the compensation awarded to the claimant from the

date of petition till today.

2025:KER:39978

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e) The tribunal shall consider and dispose of the matter, at any

rate, within a period of four months from the date of receipt of a

certified copy of this judgment.