Dismissed

The Oriental Insurance Co. Ltd. v. K.K.Mammad

Kerala HC8 Apr 2016MACA/807/2008

Case brief

AI extract

What is this about?

In this motor accident claim appeal, the appellant/insurer challenged the Tribunal's award for property damage. The Court held that the compensation calculated by the Tribunal, considering age and depreciation, was just and reasonable. The appeal and delay were dismissed.

What did the court decide?

The appeal and delay petition were dismissed. All interlocutory applications were closed.

The Oriental Insurance Co. Ltd. Vs K.K.Mammad — Motor Accident Claims | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 8TH DAY OF APRIL 2016/19TH CHAITHRA, 1938

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MACA.No. 807 of 2008 ( )

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AGAINST THE AWARD IN OPMV 116/2003 of MACT VADAKARA DATED 12-06-2007

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APPELLANT(S)/3RD RESPONDENT::

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THE ORIENTAL INSURANCE CO.LTD., ERNAKULAM, REPRESENTED BY ITS ASSISTANT MANAGER,, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18.

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BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)

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RESPONDENT(S)/CLAIMANT::

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K.K.MAMMAD, RESIDING AT PUTHAN VEETTIL HOUSE, ATTAKUNDU P.O., KEEZHUR, KOYILANDY.

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08-04-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.B.SURESH KUMAR, J.

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C.M.Application No.805 of 2008

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M.A.C.A.No.807 of 2008

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-----------------------------------------------Dated this the 8^th day of April, 2016

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JUDGMENT

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This appeal is preferred challenging the award of the Motor Accidents claims Tribunal in a property damage case. The third respondent/insurer in the proceedings is the appellant. There is a delay of 94 days in filing the appeal.

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The respondent filed the claim petition alleging that damage was caused to his vehicle in the accident took place on 21.11.2001 involving the vehicle bearing Regn.No.KL7-AA 9454 insured by the appellant. According to the claimant, damage was caused to his vehicle on account of the negligence of the driver of the vehicle bearing Regn.No.KL-7AA 9454. The Tribunal, on an appraisal of the materials on

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M.A.C.A.No.807 of 2008

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record, found that the claimant is entitled to a sum of Rs.58,325/- by way of compensation. The appellant is aggrieved by the quantum of compensation determined by the Tribunal.

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Heard the learned Senior Counsel for the

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appellant.

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Ext.A1 is the certificate and loss assessment

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report issued by an approved Surveyor as to the damage caused to the vehicle of the claimant. In Ext.A1 report, it is stated that the claimant has sustained a loss of Rs.98,965.80 in the accident. The Tribunal has not accepted the report of the Surveyor in full. The Tribunal found that since the vehicle was seven years old at the time of the accident, the claimant is entitled to only depreciated value of the spare parts ie., 50%. Likewise, the Tribunal also found that the salvage value is liable to be reduced

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M.A.C.A.No.807 of 2008

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from the amounts payable to the claimant towards the depreciated value of the spare parts and the labour charges. It is on the said basis, the compensation payable to the claimant was arrived at by the Tribunal. According to me, the compensation awarded by the Tribunal, in the circumstances, is just and reasonable. There is, therefore, no merit in the appeal. The delay petition and the appeal are accordingly, dismissed. All the interlocutory applications in the appeal are closed.

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P.B.SURESH KUMAR JUDGE

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smm

The Oriental Insurance Co. Ltd. v. K.K.Mammad

Case brief

What is this about?

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The Oriental Insurance Co. Ltd. v. K.K.Mammad

Case brief

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