SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1994 Supreme(Ker) 246

M.M.PAREED PILLAY, V.V.KAMAT
New India Assurance Co. Ltd. , Cochin – Appellant
Versus
V. N. Thankappan – Respondent


Advocates:
T. K. M. Unnithan and M. N. Sadanandan, for Appellant; K.P. Vijayan, (for No. 1) and T.R. Ramachandran Nair (for Nos. 2 and 3), for Respondents.

Judgement

PAREED PILLAY, J.:- Third respondent in O.P. (MV) 1706 of 1985 of the Motor Accidents Claim Tribunal, Quilon is the appellant. First respondnet (claimant) filed the petition claiming Rs. 75,000/- as compensation for the injuries sustained by him in the bus accident on 27-3-1954 near Mundu kottackal Padi. The Tribunal on evaluation of the evidence held that the first respondent is entitled to compensation of Rs. 49,750/- with 6% interest thereon.

2. Respondents 2 and 3 did not contest the petition before the Tribunal. Appellant filed counter statement contending inter alia that its liability is only as per the statutory limit and as the first respondent has not furnished the insurance particulars Tribunal is not justified in holding the appellant liable for the entire compensation amount.

3. Admittedly the insurance policy was not produced by the appellant before the Tribunal. Attempt was made to produce the same before this Court by filing C. M.P. 26539 of 1989. Appellant's stand is that its maximum liability is only Rs. 20,000/- as evidenced by the policy. According to the appellant, soon after tracing out the policy it was forwarded to the appellant's advocate with a cover









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top