Vinodan.K.M. v. Babeesh
Case brief
What is this about?
In this motor accident claims appeal, the High Court allowed the appellant's appeal and set aside the Tribunal's direction requiring the insurance company to recover the award amount from the vehicle owner. The attachment of property was lifted.
What did the court decide?
The direction to recover the award amount from the appellant is set aside. Property attachment is lifted. Claimant can withdraw deposited amount.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935
MACA.No. 1763 of 2013 ()
AGAINST THE AWARD IN OPMV 383/2008 of MACT VADAKARA DATED 20-01-2011
APPELLANT(S)/1ST RESPONDENT:
VINODAN.K.M. S/O.KUNHUNNI NAMBIAR RESIDING AT KALLARAKKANDI MEETHAL HOUSE P.O.KALPATHOOR, MEPPAYOOR, KOZHIKODE.
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENTS/RESPONDENTS 2 & 3:
- BABEESH, AGED 30 YEARS S/O.BALAN, RESIDING AT THEKKE CHEEKKILOTTU HOUSE P.O.PARAMBRA, KOZHIKODE - 673 525.
- ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED 6/255/C, 2ND FLOOR, CITY PLAZA BUILDING YMCA, CROSS ROAD, KOZHIKODE - 673 001.
Issues for consideration
1 issue framed by the court
Whether the Motor Accident Claims Tribunal was correct in directing the insurance company to recover the awarded amount from the motor vehicle owner rather than the insurer.
Parties & counsel
- appellant
Vinodan.K.M.
- respondent
Babeesh
- respondent
ICICI Lombard General Insurance Company Limited
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court