IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 MACA.No. 2073 of 2005() ------------------- OPMV.805/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA ................ APPELLANT / 3RD RESPONDENT : ------------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA NOW REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADVS. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENTS / PETITIONER AND RESPONDENTS 1 & 2 : ----------------------------------------------------------------------------------- 1. RAMESH, S/O.CHANDRAN PILLAI, SANKARAMANGALAM HOUSE, COMBAYAR.P.O, PARATHODU VILLAGE. 2. MANOJ, S/O.CHITHAMBARAN, KUTTINATTU HOUSE, COMBAYAR.P.O, PARATHODU VILLAGE. 3. BINOY, S/O.DEVASSIA, CHENAMMALAYIL HOUSE, NEDUMKANDAM.P.O, IDUKKI DISTRICT. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= M.A.C.A. No. 2073 of 2005 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 4th day of January, 2011 JUDGMENT Basheer, J. This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Thodupuzha in a claim petition filed under Section 166 of the Motor Vehicles Act awarding a compensation of Rs.3,14,120/- to the claimant/respondent No.1 with interest @ 6% per annum from the date of petition till realization and directing the appellant to deposit the amount. 2. The only grievance of the appellant is that the Tribunal committed serious illegality in refusing to grant right of recovery of the amount of compensation from the owner of the vehicle, as the offending vehicle was being used at the time of the accident as a taxi in violation of the conditions of policy. 3. The above contention was in fact noticed by the Tribunal. However, the Tribunal took the view that in the MACA 2073/2005 2 absence of any evidence to show that the offending vehicle was being used as a taxi, it may not be just or proper to give recovery right to the appellant. 4. We have perused the records and heard learned senior counsel who appears for the appellant. 5. Respondent No.3 herein who is the registered owner of the vehicle has not appeared either in person or through counsel. He was absent before the Tribunal also. Exts.A1 and A2 First Information Reports would show that the victim had stated before the police that the accident had occurred while he was travelling in the jeep belonging to respondent No.3 while it was being plied as a taxi. Ext.A4 report of the Assistant Motor Vehicles Inspector would also support the case of the appellant that the vehicle was being used as a taxi at the time of the accident. 6. As rightly pointed out by the learned senior counsel the type of policy issued was “Private Car (Zone A) Policy B Comprehensive”. If in fact the vehicle was being used as a taxi, additional premium would have been collected for that MACA 2073/2005 3 purpose. It is further pointed out by the learned senior counsel that the report of the Asst. Motor Vehicles Inspector would indicate the number of the taxi permit as well as the date of its expiry. In fact the vehicle was being used as a private car a taxi permit would not have been obtained. The evidence of PW1 stood uncontroverted. Similarly the statement given by PW1 before the police was also not controverted. In that view of the matter, we find considerable force in the contention raised by the appellant that the offending vehicle was being used as a taxi at the time of the accident in violation of the policy conditions. Therefore, we are satisfied that the appellant would be entitled to get the right of recovery of the amount awarded by the Tribunal as against respondent No.3. 7. In the result, the impugned award is modified and it is held that that the appellant shall be entitled to recover the amount of compensation paid by it to the claimant from respondent No.3, the owner of the offending vehicle bearing registration No.KL-7A 1827. MACA 2073/2005 4 With the above modification in the impugned award, the appeal is disposed of. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.