IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 MACA NO. 2176 OF 2021 AGAINST THE AWARD DATED 15.06.2017 IN OP(MV) NO.466 OF 2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,THALASSERY APPELLANT/1ST RESPONDENT:

PRAMOD K.K AGED 33 YEARS, S/O. PRABHAKARAN T. V., KUTHIRUMMAL, KALASAKKARN, PALAKODE, VENGARA, PALAKODE P. O., KANNUR DISTRICT – 670 305.

BY ADV SRI. UNNI. K.K. (EZHUMATTOOR)

RESPONDEN T S / CLAIMANTS & 2ND RESPONDEN T :

1 SAROJINI K. V.

D/O. LATE CHUATHUKUTTY P. V., KOLIYADAN VEEDU, RAMANTHALI GRAMA PANCHAYATH, KARANTHAT P. O., TALIPARAMBA TALUK, KANNUR DISTRICT – 670 308.

2 LAKSHMIKUTTY K. V.

D/O. LATE CHUATHUKUTTY P. V., KOLIYADAN VEEDU, RAMANTHALI GRAMA PANCHAYATH P. O., KARANTHAT, TALIPARAMBA TALUK, KANNUR DISTRICT – 670 308.

3 GOPINATHAN K. V.

S/O. LATE CHUATHUKUTTY P. V., KOLIYADAN VEEDU, RAMANTHALI GRAMA PANCHAYATH P. O., KARANTHAT, TALIPARAMBA TALUK, KANNUR DISTRICT – 670 308.

4 RAMANI K. V.

D/O. LATE CHUATHUKUTTY P. V., KOLIYADAN VEEDU, RAMANTHALI GRAMA PANCHAYATH P. O., KARANTHAT, TALIPARAMBA TALUK, KANNUR DISTRICT – 670 308.

5 RAJANI K. V.

D/O. LATE CHUATHUKUTTY P. V., KOLIYADAN VEEDU, RAMANTHALI GRAMA PANCHAYATH P. O., KARANTHAT, TALIPARAMBA TALUK, KANNUR DISTRICT – 670 308.

6 DIVISIONAL MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., 4TH FLOOR, INTERFACE 11, OFFICE NO.401 AND 402, NEW LINKING ROAD, MALAD (W), MUMBAI – 400 064.

BY ADVS.

SRI. M.SASINDRAN – R 1 TO 5 SRI. ATUL SOHAN SRI. R.REJI (ATTINGAL)(K/1471/2003)

SRI. SREEJA SOHAN K.(K/001271/2001)

SRI. K.V.SOHAN(K/475/1981)

SRI. N.S.NAJEEB – STANDING COUNSEL FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

EASWARAN S., J.

------------------------------------ M.A.C.A No. 2176 of 2021 -------------------------------------

Dated this the 7^th day of April, 2025

JUDGMENT

The present appeal was preferred by the 1^st respondent in the claim petition, OP (MV) No. 466 of 2015 on the files of the Motor Accidents Claims Tribunal, Thalassery.

2. The brief facts necessary for the disposal of the appeal is as follows:-

On 03.07.2013 at about 6.45 am, when late Chuathukutty was travelling in a vehicle bearing Reg.No.KL-59F/7502 from Kunnaru to Calicut Airport and reached at the place of occurrence, where the vehicle hit against a Mini lorry and the deceased fell on the right side western side deep and sustained serious injuries. Later he succumbed to the injuries.

3. The legal heirs of the deceased Chuathukutty preferred a claim before the Motor Accidents Claims Tribunal, Thallassery. The insurance company entered appearance and admitted the existence of a valid policy but denied the liability on the ground that the driver was not having a badge to drive the vehicle at the time of the accident. The tribunal on consideration of the evidence adduced on their part, sustained that the driver of the vehicle had no valid driving licence and badge at the time of the alleged accident. Hence, an award was passed directing the insurance company to pay a sum of Rs.22,22,100/- together with interest from 07.05.2015 at the rate of 9% till realisation with proportionate costs. It was further ordered that the insurance company will be free to recover the said amount from the owner. Against the aforesaid finding, the said appeal is preferred.

4. Heard. Sri. Unni K.K., the learned counsel appearing for the appellant and Sri. N.S. Najeeb the learned counsel appearing for the 6^th respondent and M. Sasindran the learned counsel appearing for the respondents 1 to 5 (claimants).

5. On a consideration of the rival submissions raised across the bar, this Court is of the considered view that the appellant is entitled to succeed.

6. Admittedly, as per Ext.B1 policy certificate of insurance policy, the model of the vehicle covered is a light motor vehicle (xylo). It is now settled law that for the light motor vehicle, the driver need not have a badge for dr