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2009 Supreme(Ker) 25

C.N.RAMACHANDRAN NAIR, P.N.RAVINDRAN
G. Thara, Aparna Combines, Kollam – Appellant
Versus
S. Syamala – Respondent


Advocates Appeared:
For the Appellant:P.B. Suresh Kumar, Advocate. For the Respondents:R1 to R3, P. Sivara, R5, Sarah Salvy, Advocates.

Judgment :-

Ramachandran Nair, J.

In these connected cases filed by the registered owner of the vehicle, the challenge is limited to the order of the Motor Accidents Claims Tribunal authorizing the Insurance Company to recover the compensation amount from the insured after satisfying the award. The appellant’s case is that the goods vehicle involved in the accident had permit and fitness certificate at the time of taking the insurance policy and the same were valid from 16.2.1996 to 12.2001. The accident admittedly happened on 6.2001 when the vehicle ceased to have the permit which was valid only till 12.2001. The vehicle also did not have a fitness certificate which is the requirement for renewal of permit.

2. The question to be considered is whether the Insurance Company is bound to indemnify the insured for the damages awarded to the victims. The learned counsel appearing for the appellants relied on a Full Bench decision of this Court in Oriental Insurance Co. Ltd. v. Paulose – 2004 (1)

K.L.T. 8and contended that the Insurance Company is liable to pay compensation in this case as there was valid policy for the vehicle. However we notice that the case decided by this Court pertai


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