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

2025 Supreme(Ker) 1078

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JOSEPH S/o. DEVASSY – Appellant
Versus
MARIYAMMA W/o. ALIYAS – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV SRI.V.N.SUNIL KUMAR
For the Respondent: BY ADV SRI.A.R.GEORGE-SC SMT. ANUPAMA JOHNY -APP.

JUDGMENT :

1. The petitioners in O.P.(M.V.) No. 1806/2008 on the file of the Motor Accident Claims Tribunal, Perumbavoor, are the appellants in M.A.C.A.No. 1509/2015. The 1st respondent in the O.P is the appellant in M.A.C.A.No. 1031/2015. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

2. The O.P. was filed under under Section 166 of the Motor Vehicles Act, 1988, by the Mother and siblings of the deceased Eldho, who died in a motor vehicle accident that occurred on 19.10.2008. According to them, on 19.10.2008, at about 9.15 p.m., while the deceased was riding a motorcycle, a Tate Ace bearing Reg.No.KL-41/A-5262 driven by the 1st respondent in a rash and negligent manner, hit him down and as a result of which he sustained serious injuries and later on he succumbed to the injuries, on the same day, while under treatment.

3. The 1st respondent is the driver, the 2nd respondent is the owner and 3rd respondent is the insurer of the offending vehicle. According to the petitioners, the accident occurred due to the negligence of the driver of the offending vehicle. The quantum of compensation claimed in the O.P. was Rs.32,31,100/-

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