M.P.PRASAD Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) By way of the present writ appeal filed under Sec. 5 of the Kerala High Court Act, the original petitioner has challenged the judgment dtd. 27/7/2023, passed by the learned Single Judge, in the captioned W.P.(C)No.27419/2014, by which, the challenge to an award dtd. 16/7/2014, passed by the Permanent Lok Adalat to grant an amount of Rs.2,27,088.00 towards damages from the respondent Insurance Company, came to be dismissed. The short facts of the writ appeal are as under:

(2.) The appellant, who was employed as an attender in the Vocational Higher Secondary School, Bhrahmamangalam, purchased a brand new Tata Winger vehicle on 31/10/2012, on payment of an amount of Rs.8,46,244.00. It is the case of the appellant that, after purchasing the vehicle, the appellant got it registered with registration No. KL-36C-5924. It is also the case of the appellant that the appellant took insurance policy with respect to the vehicle from the present 1st respondent on payment of a premium of Rs.21,715.00. The policy was valid from 1/11/2012 to 31/10/2013. The vehicle was parked in the residential compound of his relative one Baburaj, whose house is in front of the School where the appellant was employed. Although, the appellant is having a driving licence, the vehicle was being driven by Baburaj, as engaged by the appellant. While so, on 9/11/2012, after a test drive, the vehicle washed from the school. While Baburaj was taking the vehicle back, an accident occurred, and the vehicle was damaged extensively.

(3.) The matter was thereafter reported to the Insurance Company and the appellant also submitted his claim to the tune of Rs.2,27,088.00. The demand was refused by the Insurance Company and therefore, the appellant approached the Permanent Lok Adalat.