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Tomy C.P

High Court Of Kerala|15 December, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J.
This appeal is filed by the appellant/claimant before the Tribunal. The short question raised is whether the Insurance Company is liable to pay the amount. The award of the Tribunal shows that as against the claim of `1,80,000/-, `66,377/- has been granted. In paragraph 10 of the award, the Tribunal observed that the vehicle was insured by the second respondent in the name of one Rebeca Joseph who is not a party to the proceedings. The first respondent has not appeared before the Tribunal also. It was held that there is no privity of contract between the first respondent and the second respondent.
2. We heard the learned counsel for the first respondent as well as the second respondent. It is submitted by the learned counsel for the first respondent that he got the vehicle transferred from the original owner and in the light of Section 157 of the Motor Vehicles Act, there will be a deemed transfer. Before this Court, the registration particulars in respect of the vehicle have been produced along with I.A.No.2051/2014.
3. We heard the learned counsel for the Insurance Company also, who submits that there is a package policy in favour of the first respondent. In the light of the above, we hold that the second respondent Insurance Company is liable to meet the liability as per the award. But we modify the award by granting interest @ 9% instead of 7.5%.
4. It is submitted by the learned counsel for the first respondent that he has already moved the Tribunal to set aside the ex parte award, by raising the very same plea. In the light of the fact that the Insurance Company is admitting the policy and the liability, the said course need not be proceeded now.
The appeal is allowed to that extent and the operative portion of the award is modified and the claimant is allowed to realise the amount of `66,377/- with 9% interest instead of 7.5% as granted by the Tribunal in modification of that portion of the award from the insurance company, the second respondent herein.
T.R.RAMACHANDRAN NAIR, JUDGE sv. P.V.ASHA, JUDGE
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Title

Tomy C.P

Court

High Court Of Kerala

JudgmentDate
15 December, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Sri Kunnel Joseph
  • Thomas