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2026 Supreme(Online)(Ker) 896

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JOBY JOHN – Appellant
Versus
HDFC ERGO GENERAL INSURANCE COMPANY LTD – Respondent


Advocates:
For the Appellants/Petitioners: SMT.ALINA ANNA KOSE, SMT.AKHILA S., SMT.KARTHIKA GANESH, SHRI.VISHNU PRASAD N.K., SMT.SANDHRA MARIA SEBASTIAN, SHRI.NAYAN LAL A., SMT.JAYALAKSHMI G. NAIR, SHRI.SANGEETH KRISHNA G.S., SHRI.SHERON WILLIAMS, SHRI.ARUN THAMPI M.K., SHRI.M.R.HARIRAJ (SR.)
For the Respondents: SMT.LATHA SUSAN CHERIAN, SRI.GEORGE A. CHERIAN (Sr)

Table of Content
1. review petition filed regarding vehicle insurance liability. (Para 1 , 2 , 3)
2. court's previous findings on insurance validity outlined. (Para 5)
3. key issues raised concerning the validity of insurance coverage. (Para 6)
4. genuineness of produced cover note examined, leading to dismissal. (Para 9 , 10 , 11 , 12)

ORDER

Dated : 9th January, 2026 The 6th respondent in M.A.C.A.285/2017 who is also the RC owner of the vehicle involved in the accident filed this Review Petition being aggrieved by the judgment of this Court dated 28.2.2025 holding them ultimately liable to pay the compensation, as this Court found that the vehicle had no valid insurance policy at the time of the accident.

2. In the objection to the claim petition filed by the review petitioner it was contended that the vehicle had valid insurance coverage at the time of the accident. However, the insurer namely the additional 4th respondent in the O.P produced Ext.B1 series cover note and contended that though such a cover note was prepared, it was cancelled then and there, as the owner of the vehicle failed to pay the premium. In the judgment dated 28.2.2025 this Court also found that since the cover n

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