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C. JAYACHANDRAN
The Kerala State Insurance Department – Appellant
Versus
P. Rajan S/o Kunhiraman Nair – Respondent
JUDGMENT :
C. JAYACHANDRAN, J.
1. The Kerala State Insurance Department, the third respondent in O.P. (MV) No. 2059/1995 of the Additional Motor Accidents Claims Tribunal-II, Kozhikkode is the appellant. As per the award impugned dated 19.10.2005, the appellant/R3 stands directed to deposit the award amount, together with interest. The challenge is on the solitary premise that the vehicle in question - a car bearing Regn. No. KL-11/B-4314 - was not insured by the appellant/R3, wherefore, the liability fixed on the appellant to deposit the compensation amount is illegal and liable to be interfered with.
2. Heard the learned counsel for the appellant/R3 and the learned counsel for the first respondent/claimant. Learned counsel for respondents 2 and 3, the owner and driver respectively of the offending vehicle, were also heard. Perused the records.
3. Sri. E.C. Bineesh, learned counsel for the appellant/R3 submitted that at the relevant time, the vehicle in question was not issued with any insurance policy by the appellant. It is without looking into this aspect that the learned Tribunal has passed an award against the appellant. Learned counsel also pointed out that although there is del
The owner of the vehicle holds primary liability for interim awards under the Motor Vehicle Act, although the Insurance Company may indemnify under specific proven circumstances.
Insurance companies cannot appeal on merits in compensation claims without following statutory procedures under the Motor Vehicles Act.
The main legal point established in the judgment is the liability of the insurance company under a comprehensive policy in case of injury or death of the owner/driver/occupant of a vehicle, as well a....
The presence of a valid permit for a vehicle is essential in determining the liability of an insurance company in motor accident claims, and the absence of such a permit cannot be the sole reason for....
Compensation rights in motor accident claims involving insurance policy cancellation due to dishonoured payment.
The insurance company is liable to indemnify the owner in respect of the statutory liability unless the policy is cancelled and intimated to the insured before the accident.
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