K.M.Sara v. Gimmy Joseph
Case brief
What is this about?
The High Court held that placing an elbow on the window sill does not constitute contributory negligence. The Tribunal's finding against the passenger was unsustainable, and the order was remanded for compensation calculation.
What did the court decide?
Judgment and award of the Tribunal set aside; matter remanded for computing compensation with reciprocal evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932
MACA.No. 1336 of 2004()
----------------------OPMV.1113/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM ....................
APPELLANTS/ADDL.PETITIONERS 2,3 & 4:
- ---------------------------------------------------------------1. K.N.SARA, W/O. LATE V.M.JOHN, VAKASSERIL HOUSE, KEEZHUKUNNU BHAGOM, NATTASSERY KARA, MUTTAMBALAM VILLAGE.
2. BIJU M.JOHN, S/O. LATE V.M.JOHN, VAKASSERIL HOUSE, KEEZHUKUNNU BHAGOM, NATTASSERY KARA, MUTTAMBALAM VILLAGE.
3. BEENA V.JOHN, D/O. LATE V.M.JOHN, VAKASSERIL HOUSE, KEEZHUKUNNU BHAGAM, NATTASSERY KARA, MUTTAMBALAM VILLAGE.
BY ADVS. SRI.K.S.MOHAMED HASHIM, SRI.SURIN GEORGE IPE.
Issues for consideration
3 issues framed by the court
Whether contributory negligence can be attributed to a passenger for placing his elbow on the window sill while the bus was in motion.
Whether the Tribunal's finding of negligence on the part of the deceased first claimant is sustainable given the evidence before the court.
Whether the Supreme Court/Motor Accidents Claims Tribunal in Mammachan V. Kerala State Road Transport Corporation is distinguishable from the present case.
Parties & counsel
- appellant
BIJU M.JOHN
- appellant
BEENA V.JOHN
- respondent
UNITED INDIA INSURANCE CO. LTD.
Coram
Case details
As recorded by the court registry
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