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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
MANU THOMAS – Appellant
Versus
JINS MATHEW – Respondent
| Table of Content |
|---|
| 1. challenge to the tribunal's award regarding the insurance company. (Para 1 , 2) |
| 2. discussion on the fitness certificate and requirement for permits. (Para 3 , 4 , 5) |
| 3. court's reasoning on permit requirements based on the vehicle weight. (Para 6 , 7 , 8) |
| 4. final conclusion on the appeal and payment obligations. (Para 9) |
JUDGMENT
The 2nd respondent before the Motor Accident Claims Tribunal, Kasaragod, in O.P.(MV) No.181 of 2017 seeks to challenge the award dated 22.08.2019, by which the Tribunal permitted the insurance company to make payment to the claimant and thereafter recover the same from the owner of the vehicle - the appellant herein. The aforementioned direction issued by the Tribunal is the subject matter of challenge in this appeal, at the instance of the owner of the vehicle.
2. Sri. C.P. Peethambaran, the learned counsel for the appellant herein, relying on the provisions of Section 66 of the Motor Vehicles Act , 1988 (for short, ‘Act’), would contend that the direction issued by the Tribunal permitting the insurance company to recover the compensation solely on the account of non-production of the permit as well as the fitness certificate was flawed.
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