Kanniyan v. Hussain
Case brief
What is this about?
The court held that an insurance company under a comprehensive private car policy is liable for compensation to a gratuitous passenger. It set aside the tribunal's order absolving the insurer and re-fixed compensation at ₹1,69,200 based on the correct income and multiplier.
What did the court decide?
Compensation fixed at ₹1,69,200, insurer ordered to deposit within three months, and interest at 9% per annum awarded.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937
MACA.No. 2611 of 2008 ( )
AGAINST THE AWARD IN OPMV 452/2004 of M.A.C.T., MANJERI DATED 10-07-2008
APPELLANT/2ND RESPONDENT:
KANNIYAN MAMMED,KANNIYAN HOUSE, MUNDERI P.O.CHUNGATHARA (OWNER)
BY ADV. SRI.K.M.SATHYANATHA MENON
RESPONDENTS/PETITIONER & RESPONDENTS 1 & 3:
Issues for consideration
2 issues framed by the court
Whether the insurance company is liable for compensation of a gratuitous passenger in a comprehensive private car policy
Whether the quantum of compensation awarded by the tribunal is appropriate and what the correct quantum should be
Parties & counsel
- appellant
KANNIYAN MAMMED
- respondent
HUSSAIN
- respondent
C.P.ABOO
- respondent
THE ORIENTAL INSURANCE CO.LTD.
Coram
Case details
As recorded by the court registry
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