Ajayakumar v. Santhakumari
Case brief
What is this about?
High Court of Kerala upheld Motor Accidents Tribunal award apportioning liability equally between the appellant and the other driver, finding negligence on the part of both drivers based on witness evidence.
What did the court decide?
Confirming Tribunal award; liability apportioned 50:50; appellant to pay ₹11,625 with interest.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.D.RAJAN
FRIDAY, THE 3RD DAY OF FEBRUARY 2017/14TH MAGHA, 1938
MACA.No. 367 of 2011 ( )
AGAINST THE AWARD IN OPMV 624/2000 of ADDITIONAL DISTRICT & SESSIONS JUDGE-II MACT, MAVELIKKARA DATED 27-09-2010
APPELLANT(S)/IST RESPONDENT:
AJAYAKUMAR ALIAS UNNIKRISHNAPILLAI, GOPASADANAM,KOMALLOOR MURI,CHUNAKKARA, ALAPPUZHA DISTRICT.
BY ADV. SRI.J.OM PRAKASH
RESPONDENT(S)/PETITIONERS 2 TO 7 AND RESPONDENTS 2 TO 4 AND ADDL.R5:
1. SANTHAKUMARI, ANITHA BHAVAN, PULIYOOR P.O., MAVELIKKARA,ALAPPUZHA-689 510.
Issues for consideration
2 issues framed by the court
Whether the accident occurred due to the negligence of the appellant alone or both drivers.
Whether the liability should be apportioned equally between the two drivers.
Parties & counsel
- appellant
AJAYAKUMAR ALIAS UNNIKRISHNAPILLAI
- petitioner
SANATHKUMARI
- respondent
LEELAMMA
Coram
Case details
As recorded by the court registry
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