Pavithran v. Annai Durai
Case brief
What is this about?
In an MCC appeal, the Court partially allowed the appeal against the Tribunal's award exonerationing the third respondent insurance company.
What did the court decide?
Award setting aside exoneration of third respondent remitted for fresh decision. Appeal dismissed against respondents 4 to 6.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2013/20TH BHADRA, 1935
MACA.No. 2083 of 2012 ()
AWARD IN OPMV 523/1998 of M.A.C.T.,PUNALUR DATED 17-09-2003
APPELLANT(S)/RESPONDENT NO.1:
PAVITHRAN
S/O.KUNJURAMAN, KAIMALAZHIKATHU, ENATHU P.O. KOTTARAKKARA.
BY ADV. SRI.JAMSHEED HAFIZ
RESPONDENT(S)/PETITIONER/RESPONDENTS 2-6:
1. ANNAI DURAI S/O.ALANIMUTHALIYAR, CHENGAUNDAR, PILLAYARKOVIL STREET DOOR NO.44, KEELAPPAVOOR VILLAGE, THENKASI TALUK, TAMIL NADU, THENKASI P O PIN-627811.
Issues for consideration
3 issues framed by the court
Whether the Tribunal's exoneration of the third respondent (insurance company) from liability was sustainable when the appellant produced a policy copy.
Whether respondents 4 to 6, are necessary parties when the accident was primarily due to the driver's negligence.
Whether the appeal against the liability of respondents 4 to 6 should be dismissed.
Parties & counsel
- respondent
Pavithran
- appellant
Annai Durai
- respondent
Jini Kumar
- respondent
The Divisional Manager, New India Assurance Co.Ltd., Kollam
- respondent
Suresh Kumar
- respondent
Case details
As recorded by the court registry
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