SUNNY P.C Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the owner of a vehicle bearing Registration No.KL-33 D 8592, which allegedly met with an accident hitting an electric post. The Kerala State Electricity Board Limited (KSEB for short) appears to have thereafter, raised a claim against the petitioner for certain sums of money and that for recovery of same, they are stated to have invoked the provisions of the Revenue Recovery Act, by issuing a requisition for such purpose to the 3 rd respondent.

(2.) The petitioner's specific allegation is that since his vehicle was covered by a valid insurance policy issued by the 4 th respondent - insurance company, the said company is obligated in law to pay off the demand now made by the KSEB and he pleads that the revenue recovery action against him be therefore, quashed and consequential directions be given to the KSEB to approach the 4th respondent - insurance company.

(3.) The learned standing counsel for the insurance company submits that since this was an accident caused by the vehicle in question, the petitioner ought to have made a specific claim for the damages caused to 3rd party property under the provisions of the applicable Statutes as also under the terms of the insurance policy. She says that no such claim has ever been made by the petitioner and she asserts that it is only if the petitioner makes a valid claim under the policy, that the insurance company will be in a position to consider it as per law.