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

2013 Supreme(Ker) 871

S.SIRI JAGAN, BABU MATHEW P.JOSEPH
United India Insurance Co. Ltd. – Appellant
Versus
July – Respondent


Advocates Appeared:
For the Appellant : Rajan P. Kalliyath.
For the Respondent: A.N. Santhosh and T.C. Suresh Menon.

JUDGMENT :

BABU MATHEW P. JOSEPH, J.

1. Whether the insurer is entitled to reimbursement by the insured of the amount deposited by them satisfying an award passed under S. 140 of the Motor Vehicles Act when the Motor Accidents Claims Tribunal ultimately finds that the claim is not covered by the Insurance Policy issued in respect of the vehicle involved in the motor accident, is the question raised in this appeal. The brief facts necessary for the disposal of this appeal are stated as follows: Kochuthressia, the deceased in this case, was a pillion rider on a motor cycle driven by her son, the 4th respondent, on 21.11.2003. Due to rash and negligent driving of the motor cycle by the 4th respondent, Kochuthresia fell down on the road and was fatally injured. She succumbed to the injuries on the next day. Her husband, two daughters and son, as petitioners 1 to 4 respectively, filed O.P.(M.V.) No. 78 of 2004 under S. 166 of the Motor Vehicles Act (for short, the Act) in the Motor Accidents Claims Tribunal, Thrissur (for short, the Tribunal) claiming compensation on account of her death, from the 4th respondent, the owner-cum-driver of the motorcycle, and the appellant, the insurer of th







































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