LAWS(KER)-2017-1-183

SUO MOTU Vs. ANIL KUMAR

Decided On January 31, 2017
SUO MOTU Appellant
V/S
ANIL KUMAR Respondents

JUDGEMENT

(1.) This contempt of court case is taken suo motu framing memo of charges based on the judgment of the Division Bench of this Court dated 01.04.2016 in MACA No. 284/2016. The said appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Thodupuzha in OP(MV) No.526/2013.

(2.) As borne out from the pleadings and materials on record, a motor accident occurred on 03.07.2012 involving a tipper lorry bearing registration No.KL-06-D-2808 owned by the respondent herein. One Jabbar @ Uduppi Jabbar was cited as the driver of the vehicle at the time of accident. The Tribunal after considering the materials on record found that the accident occurred due to the rash and negligent driving of the vehicle by the said Jabbar. Since he was not holding a valid driving licence, the insurance company, namely the United India Insurance Company Limited, was exonerated from the liability and the insurer who was directed to deposit the compensation amount before Tribunal was permitted to recover the said amount from Jabbar and the owner of the vehicle in question (the respondent herein). The award passed by the Tribunal dated 21.07.2014 was an ex-parte award. To set aside the ex-parte award, the respondent herein filed I.A. No.1863/2014 contending, inter alia, that the first respondent before the Tribunal was not his driver. The Tribunal by an order dated 02.05.2015 condoned the delay in filing IA No.1863/2014, on the respondent herein executing a security bond for Rs.6,00,000/- with two solvent sureties having landed properties and producing original title deed on or before 14.05.2015.

(3.) Challenging the said order passed by the Tribunal, the respondent herein filed OP(MV) No.82/2015 before this Court, contending that, at the time of accident he himself was driving the vehicle and since he is having a valid driving licence, the Tribunal went wrong in exonerating the insurer from the liability to pay the compensation amount.