This judgment dismisses an appeal filed by a transporting agent seeking insurance compensation for a truck accident. The High Court upheld the lower court's finding that the plaintiff could not claim as a common carrier and that no evidence supported a claim for driver negligence.
The appeal was dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
AS.No. 184 of 1998 ( )
AGAINST THE JUDGMENT IN OS.260/1994 of II ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/PLAINTIFF:
M/S. KISAN CLEARING & FORWARDING AGENTS, REPRESENTED BY MANAGING PARTNER V.P. ABDU RAHIMAN
BY ADV. SRI.SUBHASH CYRIAC
RESPONDENT/DEFENDANT:
1. NEW INDIA ASSURANCE CO. LTD., REGISTERED OFFICE, FORT BOMBAY.
2. THE NEW INDIA ASSURANCE CO. LTD. CHEROOTTY ROAD, KOZHIKODE.
BY ADV. SRI.MATHEWS JACOB (SR.) BY ADV. SRI.P.JACOB MATHEW
THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 07-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
dlk
THOTTATHIL B. RADHAKRISHNAN & A. V. RAMAKRISHNA PILLAI, JJ.
A.S.No.184 of 1998.
Dated this the 7th day of September, 2012
JUDGMENT
Thottathil B. Radhakrishnan, J.
The plaintiff in a suit for money, allegedly due under a contract of insurance, is the appellant.
AS.No.184/1998 -:2:-
AS.No.184/1998
-:3:-
discussed in the impugned judgment, categorically show that the plaintiff
could not have made any claim as a common carrier.
In the result, the appeal fails and the same is accordingly
dismissed. No costs.
Sd/- THOTTATHIL B. RADHAKRISHNAN JUDGE
Sd/-
A. V. RAMAKRISHNA PILLAI JUDGE
//TRUE COPY//
P.A TO JUDGE
krj110912
3 issues framed by the court
Whether the plaintiff, hired as a transporting agent for Indian Oil Corporation, could claim compensation as a common carrier for the loss of its truck.
Whether there is evidence of driver negligence entitling the plaintiff to claim compensation under the insurance policy.
Whether the appeal against the dismissal of the suit for money deserves interference.
M/s. Kisan Clearing & Forwarding Agents
New India Assurance Co. Ltd.
Thottathil B. Radhakrishnan
A. V. Ramakrishna Pillai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
