Can't reject insurance claim citing route permit violation: Kerala high court
Kochi: High court has held that even if an insured transport vehicle met with an accident while plying on a route different from that specified in the route permit, the insurance company cannot be exonerated from its liability to pay compensation.
The bench of Justice C Pratheep Kumar made the ruling while setting aside an order of the
Motor Accidents Claims Tribunal
, which had directed the insurance company to recover the compensation amount it had paid to the legal heirs of the deceased from the owner and driver of the transport vehicle involved in the accident. The court was considering a petition filed by Sathi Kumar, a native of Perumbazhuthoor, Neyyattinkara, in Thiruvananthapuram.
In 2005, within the Thiruvananthapuram city limits, an autorickshaw driven by Sathi Kumar collided with a scooter ridden by Sadasivan Nair, a native of Ookkodu. Nair sustained serious injuries and died later on that same day. After evaluating the evidence on record, the tribunal found negligence on the part of Sathi Kumar and awarded a total compensation of Rs 11.10 lakh. It further directed the insurer to pay the amount to the legal heirs of Nair and recover the same from Sathi Kumar and the owner of the autorickshaw, on the ground that Sathi Kumar had taken the autorickshaw into the city limits, where it was prohibited under the terms of the permit.
Considering Sathi Kumar's appeal, HC observed that a transport vehicle operating on a route different from the one specified in the permit does not amount to a fundamental breach of the policy conditions and constitutes only a technical violation. The permit was issued for carrying passengers, and any such deviation was held to be a minor infraction. The court accordingly set aside the tribunal's order to the extent it permitted the insurer to recover the compensation amount from Sathi Kumar and the owner of the autorickshaw.
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