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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
United India Insurance Company Limited – Appellant
Versus
K.a.hameed – Respondent
| Table of Content |
|---|
| 1. accident details and claims (Para 2) |
| 2. claims filed by various parties (Para 3) |
JUDGMENT :
All these appeals arise out of a same accident and hence they are disposed of by a common judgment.
3. The owner of the Maruti car Razool filed OP(MV) 1349/1994 before the MACT, Mavelikkara, claiming compensation for the damage sustained to the Maruti car and the same was dismissed by the Tribunal. Niyas, the driver of Maruti car who sustained injuries in the accident filed OP(MV).1376/1994 which was dismissed on the ground that the accident occurred due to his own negligence. Aggrieved by the above Award, he preferred MACA 2528/2009 and the same was already dismissed by this court. Minor Imtiaz sustained injuries in the accident and in that respect, OP(MV).1378/1994 was filed by the Power of Attorney holder of the guardian of the minor. The Tribunal dismissed the above OP holding that the father of the minor was the Power of Attorney holder of the owner of the Maruti car, Razool.
5. The driver of the Maruti car Abbas filed OP(MV).981/1994 claiming compensation for the injuries sustained by him. Muhammed Rafeeq and K.K.Pareethkutty, the passengers in the Ambassador car filed OP
The insurer must produce the insurance policy to limit liability; failure to do so results in full liability for compensation.
An 'Act Only Policy' does not cover occupants in a vehicle, and courts must assess compensation based on established minimum wage standards and proper multipliers.
Point of Law : Power vested under Article 142 of the Constitution is an extra ordinary jurisdiction which is not exercisable by this Court or the MACT and therefore, it can be said that exercise made....
The violation of a statutory provision alone would not establish negligence causing the accident, and the burden of proving the breach of policy rests on the insurer. Future prospects should be inclu....
The court affirmed that compensation for a non-earning spouse must be calculated as a third of the earning spouse’s income, despite the absence of a vehicle permit not exempting insurance liabilities....
In motor vehicle accident cases, the burden of proof regarding insurance policy terms lies with the insurer, and failure to present such evidence may result in liability being imposed.
The court recalculated compensation for deceased victims based on proper income assessment and future prospects, while affirming the award for the injured party, emphasizing the need for valid drivin....
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