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

2010 Supreme(Ker) 205

M.N.KRISHNAN
Joby Thomas – Appellant
Versus
Annamma Augustine – Respondent


Advocates appeared:
For the Petitioners:Shiby Alex, Jacob E. Simon, Advocates. For the Respondents:Lal George, Advocate.

Judgment :-

1. This appeal is preferred against the award of the Claims Tribunal, Pala in OP (MV) No.238/2007. The claimant, who sustained injuries in a road accident, has been awarded a compensation of Rs.26,250/- and the amount is ordered to be paid by the insurance company with a further direction to get it recovered from respondents 1 and 2 on satisfaction of the award. It is against that decision, respondents 1 and 2 have come up in appeal challenging their liability.

2. Heard the learned counsel for the appellants as well as the insurance company. The learned counsel for the appellants contends before me that in order to get exonerated from the liability or to get an order of reimbursement from the owner, there must be breach of the policy conditions and that must be also the defence available to the insurance company under Section 149 of the M.V.Act. The brief facts would reveal that the vehicle, Maruthi car, was temporarily registered for a period from 30.11.2006 to 6.12.2006. The accident took place on 17.1.2007 on which date there was neither extension of the temporary registration nor any permanent registration of the vehicle. The vehicle was got registered on 18.1.2007.






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