Firoz v. Sureshkumar
Case brief
What is this about?
In this motor accident claims appeal, the High Court set aside the Tribunal's award which denied compensation for vehicle damage. The Court directed the Tribunal to afresh consider the claim for vehicle loss after providing parties a hearing opportunity.
What did the court decide?
Impugned award declining compensation for vehicle damage set aside; Tribunal directed to consider claim afresh after hearing.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.B.SURESH KUMAR
MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936
MACA.No.186 of 2012
(OP(MV)NO.441/2004 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA DATED 16-08-2011).
APPELLANT/PETITIONER:
FIROZ,S/O.MYTHEENKUNJU RAWTHER, VALLYATHU HOUSE,THEKKUM MURI, THAMARAKKULAM VILLAGE.
BY ADVS.SRI.R.PADMAKUMAR SRI.P.ARAVIND
RESPONDENTS/RESPONDENTS:
1. SURESHKUMAR,S/O.VASUDEVAN ACHARY, PANACKAL HOUSE,KEEZHCHERIMEL MURI, CHENGANNUR-689121.
Issues for consideration
2 issues framed by the court
Whether the Motor Accident Claims Tribunal was correct in declining compensation for vehicle damage despite surveyor's assessment and inclusion of damage in the claim petition.
Whether the Tribunal failed to consider the claim for vehicle damage raised in the petition.
Parties & counsel
- appellant
FIROZ
- respondent
SURESHKUMAR
- respondent
AJLOY L.S., LEKSHMI SADANAM
- respondent
M/S.NEW INDIA ASSURANCE CO.LTD
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court