National Insurance Co.Ltd v. Roby Payuva
Case brief
What is this about?
The High Court dismissed an insurance company's appeal against the Motor Accidents Claims Tribunal's award of Rs.88,455 for car damage. The court upheld the Tribunal's finding of driver negligence and deemed the quantum reasonable after applying depreciation.
What did the court decide?
Appeal dismissed. No costs.
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 MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932
MACA.No. 1 of 2003(B) --------------------OPMV.2080/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA ....................
APPELLANT/3RD RESPONDENT
NATIONAL INSURANCE CO.LTD., SALEM, TAMIL NADU, REP. BY THE DY.MANAGER, KRO ANNEXE, AJAY VIHAR, M.G.ROAD, ERNAKULAM COCHIN-682016.
BY ADV. SRI.E.M.JOSEPH
RESPONDENT(S): CLAIMANT & RESPONDENT 1 & 2
- ROBY PAYUVA, MELANGATHU VEEDU, C.M.C. 21, CHERTHALA, ALAPPUZHA DISTRICT.
- P.NATRAJAN, PATTILINGAM, VELLAMADHIYAN LANE, BUNGHAMEDU, METTUPALAYAM, TAMIL NADU.
Issues for consideration
2 issues framed by the court
Whether the finding that the accident occurred due to the negligence of the bus driver can be sustained?
Whether the compensation awarded by the Tribunal for the damage to the car is excessive?
Parties & counsel
- appellant
NATIONAL INSURANCE CO.LTD.
- respondent
ROBY PAYUVA
- respondent
P.NATRAJAN
- respondent
R.SARASWATHI
Coram
Case details
As recorded by the court registry
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