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2024 Supreme(Online)(KER) 41445
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TH MONDAY, THE 14 DAY OF OCTOBER 2024 / 22ND ASWINA, 1946 MACA NO. 478 OF 2014 AGAINST THE JUDGMENT DATED 27.11.2013 IN O.P (MV) NO.124 OF
2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANTS/RESPONDENTS 1 AND 2 IN OP(MV) :-
1 SICILY DEVASSYKUTTY, W/O.DEVASSY KUTTY, UKKEN HOUSE, THUMBOOR PO, IRINJALAKUDA, THRISSUR DIST
2 NAJEEB, S/O.KUNJUMUHAMMED, KUTTIPUZHA HOUSE, MALA, PALLIPPURAM DESOM, THRISSUR DIST BY ADV SRI.M.C.GOPI RESPONDENTS/APPLICANT AND RESPONDENTS IN OP(MV) :-
1 VASU, S/O.AYYAN, KOOLIYATT HOUSE, CHERU CHENAM DESOM, CHERPPU VILLAGE, THRISSUR-680561
2 THE MANAGER THE ORIENTAL INSURANCE CO LTD, NORTH NADA, KODUNGALLUR-680664
3 RASHEED S/O.BAKKER, AMBALATH HOUSE, THALIKULAM P O, THRISSUR DIST-680569
4 M S SHINOD, S/O.SAIDU, MOODUPPURAPARAMBIL HOUSE, CHERPU WEST DESOM ,THERUPPU VILLAGE,THRISSUR DIST, PIN-680561
5 THE MANAGER THE NEW INDIA ASSURANCE CO LTD, TEMPLE ROAD, NATIKA P O, TRIPRAYAR-680566 BY ADVS.
V.BINOY RAM PREMCHAND M.
REKHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14.10.2024, ALONG WITH MACA.581/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN TH MONDAY, THE 14 DAY OF OCTOBER 2024 / 22ND ASWINA, 1946 MACA NO. 581 OF 2014 AGAINST THE JUDGMENT DATED 27.11.2013 IN OPMV NO.1357 OF 2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA APPELLANTS/RESPONDENTS 1 AND 2 IN OP(MV) :-
1 SICILY DEVASSYKUTTY W/O.DEVASSYKUTTY, UKKEN HOUSE, THUMBOOR PO IRINJALAKUDA, THRISSUR DISTRICT.
2 NAJEEB SO.KUNJUMUHAMMED KUTTIPUZHA HOUSE, MALA, PALLIPURAM DESOM, THRISSUR DISTRICT.
BY ADV SRI.M.C.GOPI RESPONDENTS/APPLICANT AND 3RD RESPONDENT IN OP(MV) :-
1 SHINOD MOOLAMPURAMPARAMBIL, CHERU CHENAM (PO), CHERPPU THRISSUR - 680 561
2 THE MANAGER THE ORIENTAL INSURANCE CO.LTD, NORTH NADA, KODUNGALLUR- 680 664 BY ADV REKHA NAIR THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 14.10.2024, ALONG WITH MACA.478/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[MACA Nos.478/2014, 581/2014]
These appeals are filed by respondents 1 and 2, who are the owner and driver of the offending vehicle, challenging recovery of compensation amount awarded by the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV) Nos.124 of 2009 and 1357 of 2009. Since both the appeals are against the same award, these appeals are disposed of by this common judgment.
2. The facts of the case are as follows:
On 23.11.2008 at about 06.15 pm, while the petitioner in O.P.
(MV) No.1245 of 2019 was travelling and the petitioner in O.P.(MV) No.1357 of 2009 was driving an auto rickshaw bearing Registration No.KL-8-A-1697 through Triprayar – Thrissur public road, a bus bearing Registration No. KL—45/8315 driven by the 2nd respondent dashed against the autorickshaw. As a result of the accident, both of them sustained injuries. They have approached the tribunal claiming a total compensation of ₹3,29,000/- and ₹46,000/-
respectively.
3. The first appellant/owner of the offending bus filed a written statement in OP(MV) No.124 of 2009, contending that the accident occurred due to negligence on the part of the driver of both vehicles. The respondent insurers filed separate written statements, admitting the policy, but disputing the liability and quantum of compensation claimed. Before the Tribunal, PW1 was examined and Exts.A1 to A14 were marked on the side of the petitioners therein. Exts.B1 and B2 were marked on the side of the respondents. Ext.X1 was marked as a court exhibit. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending bus and awarded a sum of Rs.1,51,020/- to the petitioner in OP(MV) No.124 of 2019 as compensation under different heads with interest @7.5% per annum from 07.02.2009 till realization and a sum of Rs.18,910/- to the petitioner in OP(MV) No.1357 of 2009 as compensation under different heads with interest @ 7.5% per annum from 16.10.2009 till realization, against the third respondent in both the original petitions, being the insurer of the offending bus. However, on such payment, the third respondent insurer was allowed to recover it from the owner and driver of the bus, the appellants herein. Aggrieved by the said direction, the owner and driver has come up with this appeal.
4. Heard both sides.
5. The learned counsel appearing for the appellants submitted that the recovery was ordered by the tribunal on the ground that there was no effective driving licence at the time of the accident and thereby there was breach of policy condition. The learned counsel for the appellants submitted that though the driving licence expired on 18.07.2008, the renewal was done on 29.12.2008. i.e., after the date of the accident. Admittedly, there was no valid licence to drive the transport vehicle at the time of accident. This Court, in Oriental Insurance Company Ltd. v. Poulose [2015 (1) KLT 682 (LB)], held that the driving licence, which stood expired on the date of the road trafÏc accident and not subsequently renewed within the statutory period of thirty days, would not fulfill the requirement of “duly licensed” under section
149(2)(a)(ii) of the Motor Vehicles Act, 1988.
6. In the case on hand, the driving licence expired on
18.07.2008 and it was renewed only on 29.12.2008, i.e., after the statutory period of thirty days. Therefore, the contention raised by the appellants that the licence was renewed subsequently lacks merit. The bus was driven by the driver without a valid driving licence, violating the policy conditions. Going by the judgment in Poulose (supra), I do not find any reason to interfere with the impugned award passed by the tribunal directing the insurer to pay the amounts awarded and then to recover the same from the owner and driver.
Accordingly, both these appeals stand dismissed.
