Tojo and Thomas v. Jameela W/o Late Shahul Hameed, Shahul Noufal Rawther, Khadeeja Rejimon, Fathima, Oriental Insurance Company Limited
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.S.Dias
- Judgment Date
- 2022-02-17
- Court Decision / Holding
- Appeal allowed; setting aside the Tribunal’s direction that the 3rd respondent/insurer recover the compensation amount from the appellants. The van had a valid fitness certificate as on the date of the accident, per Annexure-A1. The insurer is entitled to the Rs.25,000 deposited as costs, to be disbursed to the insurer in accordance with law if the insurer files an application before the Tribunal. The order reaffirms that recovery of the amount from the appellants is not sustainable given the evidence of fitness, and directs the Tribunal to proceed accordingly with disbursement of costs rather than recovery from the insureds.
- Final Disposition
- Appeal allowed; direction to recover from appellants set aside; insurer to receive Rs.25,000 costs deposited; further disbursement as per law by the Tribunal; neutral citation unavailable.
Parties to the Case
Appellants / Petitioners
- Tojo
- Thomas
Respondents
- Jameela W/o. Late Shahul Hameed, Padickal House, Erumeli P.O., Kottayam - 686001; now residing at C/O. Sulficar, Pulickal Parambil House, Puthanangadi, Kottayam-686001
- Shahul Noufal Rawther, S/o. Late Shahul Hameed, Padickal House, Erumeli P.O., Kottayam-686509
- Khadeeja Rejimon, D/o. Late Shahul Hameed, Padickal House, Erumeli P.O., Kottayam, now residing at Thoppil Thazhe House, Erumeli South P.O., Kottayam-686510
- Fathima, D/o. Late Shahul Hameed, Padickal House, Erumeli P.O., Kottayam, now residing at Pulickal Parambil House, Puthanangadi, Kottayam-686001
- The Oriental Insurance Company Limited, Bakel Junction, Kottayam Ranni Branch, Kottayam-686001
Legal Representation & Advocates
Counsels for Petitioners
- • A.K. Alex P. Kuruvilla Jacob
Counsels for Respondents
- • P.K. Manojkumar
Case Synopsis & Summary
This is a Motor Accidents Claims Appeal filed in the Kerala High Court under MACA No. 206 of 2022 challenging an order of the Motor Accidents Claims Tribunal, Kottayam (O.P. MV No.1863/2017). The petition was a death claim under Section 166 of the Motor Vehicles Act, 1988, arising from a road collision on 23 March 2016 where Motheen Rawther @ Afsi, a scooter rider, died after being struck by a van. The Tribunal awarded Rs. 18,93,400 along with interest and costs to the petitioners (dependents of the deceased). It held that because the van lacked a fitness certificate, there was a fundamental breach of policy conditions and, following Pareed Pillai vs. Oriental Insurance Company Ltd., directed the insurer to pay the amount and recover it from the insured owners. The appellants (respondents 1 and 2 before the Tribunal) argued against this recovery direction, contending the vehicle did have a valid fitness certificate as on the date of the accident. They produced Annexure-A1 showing a fitness certificate valid from 04.12.2015 to 31.12.2016. The High Court found the certificate valid on the date of the accident, set aside the recovery direction, and allowed the appeal with a condition that Rs.25,000 deposited as costs be released to the insurer, subject to further disbursement rules. The decision also references Pareed Pillai (supra).
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellants submit that the vehicle (van KL-62A-684) possessed a valid fitness certificate on the date of the accident (23.03.2016), as evidenced by Annexure-A1. Therefore, there was no breach of policy conditions warranting recovery from the insured. They contend that Pareed Pillai (supra) was misapplied by the Tribunal to justify recovery from them, and with the certificate produced, the impugned recovery order loses its foundation. The lack of a timely challenge by the appellants notwithstanding, they insist the Tribunal’s reasoning should be reversed and the recovery directed against them should not stand.
Contentions of Respondents
The 3rd respondent insurer contends that the van did not have a valid fitness certificate on the date of the accident and that the petitioners were not dependents as claimed. It argues that the Tribunal was justified in applying the Pareed Pillai ratio to permit payment by the insurer and recovery from the insured due to breach of policy conditions. It also notes the appellants failed to produce the fitness certificate earlier and that the deposit before the Tribunal should be considered as cost.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Pareed Pillai vs. Oriental Insurance Company Ltd. | 2018 (5) KHC 1 | Mentioned Only | Cited by the Tribunal as the basis for recovery against the insured upon breach of policy conditions; High Court’s decision hinges on evidence of fitness certificate and does not apply Pareed Pillai to sustain recovery in this case. |
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