Alavi v. Abdul Razack P.and Another
Case brief
What is this about?
The Kerala High Court held that the Motor Accident Claims Tribunal must reconsider the award in light of a corrected police report revealing the correct vehicle number. The appeal was disposed of with the award interdicted, directing the Tribunal to rehear both liability and quantum issues. The parties were directed to appear on a specified date.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940
MACA.No. 1371 of 2011
AGAINST THE AWARD IN OPMV 780/2007 of M.A.C.T.,KOZHIKODE DATED 3101-2011
APPELLANT/S:
ALAVI, S/O.ABOOBACKER, IRUMAMKUNNU HOUSE, P.O.KEEZHU PARAMBU, KEEZHU PRAMBA AMSOM, KUNIYIL DESOM, MALAPPURM DISTRICT.
BY ADV. SRI.AVM.SALAHUDIN
RESPONDENT/S:
1 ABDUL RAZACK P., S/O.MUHAMMED, PULIYULLA KANDY HOUSE, POOLAKKODE AMSOM DESOM, KALAMTHODE, KOZHIKODE DISTRICT.
2 THE ORIENTAL INSURANCE CO.LTD., D.O. II, PRAMOD BUILDING, CHEROOTY ROAD, CALICUT.
Issues for consideration
3 issues framed by the court
Whether the Tribunal was correct in exonerating the insurance company due to a discrepancy in the vehicle number cited in the claim petition.
Whether the quantum of compensation awarded by the Tribunal is inadequate.
Whether the matter requires reconsideration regarding liability and quantum of compensation.
Parties & counsel
- appellant
Alavi
- respondent
Abdul Razack P.
- respondent
The Oriental Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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