Appeal filed by insurer challenging an award where only the insured vehicle's owner was held liable. Court remanded matter to tribunal for fresh adjudication on contributory negligence of claimant's vehicle found in charge sheet.
Motr Accidents Claims Tribunal ordered to adjudicate on contributory negligence and liability afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 21ST DAY OF NOVEMBER 2016/30TH KARTHIKA, 1938
MACA.No. 2347 of 2014 ()
AGAINST THE AWARD IN OPMV 126/2006 of I ADDL.MACT,PALAKKAD DATED 22-04-2014
APPELLANT/3RD RESPONDENT IN O.P.(MV):
THE NEW INDIA ASSURANCE CO. LTD. M.A.LANE, T.B.ROAD, PALAKKAD, REPRESENTED BY THE DULY CONSTITUTED ATTORNEY, K.K.CHANDRAN (DEPUTY MANAGER), REGIONAL OFFICE, KANDAMKULATHY TOWERS, M.G.ROAD, KOCHI-682011.
BY ADV. SRI.M.JACOB MURICKAN
RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 2 IN O.P.(MV): ---------------------------------------------------------
R1 BY ADV. SRI.T.K.SANDEEP
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 21-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, J.
M.A.C.A.No.2347 of 2014-E
Dated this the 21st day of November, 2016
JUDGMENT
The appellant insurance company is the 3rd respondent in the O.P.(MV).No.126 of 2006 on the file of the 1st Additional Motor Accidents Claims Tribunal, Palakkad. This appeal is filed raising the contention that the accident happened on account of a head on collision between two vehicles. But while awarding compensation the appellant, who is the insurer of motor cycle of the 2nd respondent, alone was made liable to pay the compensation.
2
M.A.C.A.No.2347 of 2014-E
Ext.B1 charge sheet would also show that the appellant was implicated in the case.
3
M.A.C.A.No.2347 of 2014-E
middle of the road. It is seen that the Tribunal has not considered these aspects including the Ext.B1 charge while passing the award. The 1st respondent in this case was implicated as an accused in Ext.B1 charge sheet. But it appears that B1 charge sheet was not taken into account while directing the appellant to pay the compensation awarded to the 1st respondent towards the negligence found on the part of the 2nd respondent.
The parties shall appear before the 1st Additional Motor Accidents Claims Tribunal, Palakkad on 15.12.2016 and the Tribunal shall finalise the matter as expeditiously as possible.
Sd/- (P.V.ASHA, JUDGE)
rtr/
3 issues framed by the court
Whether the Motor Accidents Claims Tribunal erred in not adjudicating on contributory negligence which was raised in the charge sheet against the claimant.
Whether the appeal against the award should be allowed to determine the quantum of compensation after ascertaining the liability of both vehicles.
Whether the question of contributory negligence needs to be reconsidered by the Motor Accidents Claims Tribunal before finalizing compensation.
The New India Assurance Co. Ltd.
Abdul Hakkem @ Hakkim
M.K.Saleem
S.Salim
P.V.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
