Allowed

Manzoorali v. P.v.Aboobacker

Kerala HC13 Jun 2018MACA/1496/2014

Case brief

AI extract

What is this about?

In a Section 163A claim, the High Court set aside the Motor Accident Claims Tribunal's order dismissing the appellant's claim. Relying on United India Insurance Co. Ltd v. Sunil Kumar, the Court held the insurer could not plead victim negligence. The matter was remanded to the tribunal for fresh disposal within three months.

What did the court decide?

Impugned order set aside and case remanded to the tribunal for fresh disposal within three months from 9.7.2018.

Manzoorali Vs P.v.Aboobacker — Motor Accident Claims | Kerala HC (2018)

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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 A.M.BABU

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WEDNESDAY, THE 13TH DAY OF JUNE 2018 / 23RD JYAISHTA, 1940

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MACA.No. 1496 of 2014

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OP(MV) 3605/2004 of MACT, THRISSUR DATED 25-03-2014

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APPELLANT/PETITIONER

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MANZOORALI S/O. ABOOBACKER, RESIDING AT PANIKKAVEETTIL HOUSE, PURANGU, P.O. KANJIRAMUKKU, NOW RESIDING AT C/O. NAZAR, K.V. KOTTILAVALAPPIL HOUSE, P.O. KADAVALLUR, THRISSUR DISTRICT.

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BY ADVS.SRI.T.C.SURESH MENON SRI.A.R.NIMOD

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RESPONDENTS/RESPONDENTS:

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P.V.ABOOBACKER RESIDING AT PANIKKAVEETTIL HOUSE, PURANGU, P.O. KANJIRAMUKKU, MALAPPURAM DISTRICT, PIN-679584.

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THE NEW INDIA ASSURANCE COMPANY LIMITED, K.H. BUILDING, TAZHEPALAM, TIRUR, MALAPPURAM DISTRICT-676101.

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T. NARAYANAN, S/O. KUMARAN, RESIDING AT THALAKKAT HOUSE, P.O. EDAPPAL, THUYYAM, MALAPPURAM DISTRICT-679576.

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R2 BY ADV. SRI.VPK.PANICKER

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BY SRI.A.A.ZIYAD RAHMAN

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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A.M.BABU, J.

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- - - - M.A.C.A.1496 of 2014 - - - - - - - - - - - - Dated : 13^th June, 2018 - - - - - - - - - - - - -

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JUDGMENT

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1.Heard Sri.A.R.Nimod and Sri.V.P.K.Panicker, the learned counsel for the appellant and the 2^nd respondent.

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2.The appellant met with a road accident. It was on 21.7.2004. The bike he was riding collided with a bus. The bus was insured with the 2^nd respondent. The claim was under section 163A of the Motor Vehicles Act. The tribunal originally awarded a compensation. The insurer came in appeal contending that the appellant himself was negligent. This court set aside the award of the tribunal and remitted the case back to the tribunal permitting both parties to amend their respective pleadings and adduce further evidence. After remand the tribunal dismissed the claim of the appellant holding that he did not do anything after the

MACA.1496/2014

remand.

3.May I refer to United India Insurance Co. Ltd v. Sunil Kumar (2017 (4) KLT 1093) . The apex court answered the reference made to it holding that in a proceedings under section 163A of the Motor Vehicles Act it is not open for the insurer to raise any defence of negligence on the part of the victim. In view of the said decision, the insurer cannot contend for negligence on the part of the appellant when his claim was under section 163A of the Motor Vehicles Act and his claim is against the owner and insurer of the bus. Therefore the case should once again go back to the tribunal.

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4.The appeal is allowed. The impugned order is set aside. The case is remanded to the tribunal for fresh disposal according to law. The parties shall appear before the tribunal on 9.7.2018. As the case is pretty old, the

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MACA.1496/2014

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tribunal shall strive to dispose it of as early as possible; at any rate within three months from 9.7.2018.

A.M.BABU

Judge

Mrcs/13.6.

/True copy/

P.S.To Judge

Manzoorali v. P.v.Aboobacker

Case brief

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Manzoorali v. P.v.Aboobacker

Case brief

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