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

2023 Supreme(Online)(Ker) 53646

KERALA HIGH COURT
Sri.P.P.Jacob, J
Prasad v. N. P. Gopi


Advocates:
For the Appellants/Petitioners: Sri.P.P.Jacob
For the Respondents: Sri.Rajan Kalliyath, Sri.P.G.Ganappan

Table of Content
1. appeals concerning a common award from an accident tribunal. (Para 1 , 2)
2. arguments about policy conditions and negligence. (Para 3)
3. court's interpretation of negligence and policy breaches. (Para 4 , 5)
4. court's final ruling on appeals and insurance liability. (Para 6)

1. The above appeals are carried from a common award passed by the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(M.V).No.1717/2003 and O.P. (M.V).No.1719/2003. M.A.C.A.No.509/2009 is directed against the award in O.P.(M.V).No.1717/2003 and M.A.C.A.No.551/2009, against O.P.(M.V).No.1719/2003. Both these appeals are preferred by the registered owner and the defacto owner in the O.Ps above referred. The common ground of attack is that the Tribunal, having found the compensation amount payable to the claimants, have permitted the same to be recovered from the registered owner, defacto owner and the driver of the offending vehicle, a motor cycle, only for the reason that three persons were travelling in the motor vehicle.

2. Heard Sri.P.P.Jacob, learned counsel for the appellants in both the appeals, Sri.Rajan Kalliyath who appears for the contesting respondents / insurance company in M.A.C.A






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