Saleelam v. Sajith K.S.
Case brief
What is this about?
The High Court held a Section 163A claim petition maintainable not when the deceased borrowed the vehicle himself caused accident by hitting electric post with no other vehicle involved declared claim dismissed.
What did the court decide?
MACA No.1226/04 allowed; impugned award set aside; MACA No.1171/04 dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE &
THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
MONDAY, THE 19TH DAY OF MARCH 2012/29TH PHALGUNA 1933
MACA.No. 1171 of 2004 ( )
OP(MV).289/1998 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANTS/PETITIONERS IN OP(MV) :
1. SALEELAM, W/O. LATE BABU,
- KOTHAYIL HOUSE, KODUNGALLUR P.O., KODUNGALLUR TALUK.
2. SUBIN K.B., S/O. LATE BABU,
- -DO- -DO-.
Issues for consideration
2 issues framed by the court
Whether a claim petition under Section 163A is maintainable when the deceased was a borrower of the own vehicle that met an electric post with no other vehicle involved.
Whether the insurer is liable to pay compensation in a claim where the accident was self-created by the borrower.
Parties & counsel
- appellant
SALEELAM
- appellant
SUBIN K.B.
- appellant
SABITHA K.B.
- appellant
KALYANIKUTTY
- appellant
ORIENTAL INSURANCE COMPANY LTD.
Case details
As recorded by the court registry
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