Cause Title : Muhammed Rashid @ Rashid vs Girivasan E. K., MACA NO. 616 OF 2018, Kerala High Court
Date of Judgment/Order : 24.01.2023
Corum : The Honourable Mrs. Justice Sophy Thomas
Citied:
- Ramachandrappa v. Manager, Royal Sundaram Alliance Insurance Company Limited [AIR 2011 SC 2951]
- New India Assurance Co. v. Kamala & Others [(2001) 4 SCC 342]
- Oriental Insurance Company Limited v. Nanjappan [(2004) 13 SCC 224]
- Bajaj Allianz General Insurance Co.Ltd., rep by its Deputy Manager (Legal) vs. Manju Devi and Others [2014 SCC OnLine AP 232]
Background
The appellant, while travelling in an autorickshaw. A car driven by the 1st respondent, in a rash and negligent manner, dashed against the autorickshaw and he was thrown out to the road, and he sustained serious injuries. Though he approached the Tribunal claiming compensation of Rs.4,00,000/-, the Tribunal awarded only Rs.2,40,000/-, against which he has preferred this appeal.
In this matter, the insurance company (3rd Respondent) while admitting the fact that the offending vehicle was duly insured with them as on the date of accident claimed that they are not liable to indemnify the insured as the 1st respondent, at the time of accident, was driving the vehicle under the influence of alcohol.
The learned Tribunal directed the 3rd respondent Insurance Company to pay the compensation amount to the appellant and permitted the Insurance Company to recover the same from respondents 1 and 2, the driver and owner of the offending vehicle.
This raised an interesting issue of the liability of the insurer when terms of the policy has been violated.
Judgment
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