Allowed

The Oriental Insurance Co.Ltd. v. Abdurahiman K P & Others

Kerala HC16 Nov 2018MACA/186/2011

Case brief

AI extract

What is this about?

The High Court allowed the insurance company's appeal against a tribunal award. The court held that the jeep insurer had no liability because the deceased driver was primarily negligent. The award directing the insurer to pay half the compensation was deleted, and deposited amounts were returned.

What did the court decide?

Deletion of the award portion directing the jeep insurer to pay half compensation; return of deposited amount to the Insurance Company.

The Oriental Insurance Co.Ltd. Vs Abdurahiman K P & Others — Insurance | 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 K.VINOD CHANDRAN

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FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

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MACA.No. 186 of 2011

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AGAINST THE AWARD IN OPMV 373/2008 of M.A.C.T. TIRUR DATED 17-09-2010

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APPELLANT/S:

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THE ORIENTAL INSURANCE CO.LTD.

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MANJERI, REPRESENTED BY THE AUTHORIZED SIGNATORY, THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, METRO PALACE, ERNAKULAM NORTH, KOCHI-18.

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BY ADV. SRI.A.R.GEORGE

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RESPONDENT/S:

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1 ABDURAHIMAN K P.,

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KANNANGATTU PUTHALATH, KANNAMANGALAM WEST,

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VIA. AR NAGAR, THOTTASSERY ERA,

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THIRURANGADI TALUK, MALAPPURAM DISTRICT-676 305.

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2 KUNHIKADIYUMMA, W/O.ABDURAHIMAN K.P., DO. DO.

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3 SALMAN, S/O.ABDURAHIMAN K.P. DO. DO.

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4 THAFSEELA K.P., D/O.ABDURAHIMAN K.P., DO. DO.

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5 HAMSA MUHSIN, S/O.ABDURAHIMAN K.P., DO. DO.

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6 SAFVAN, S/O.ABDURAHIMAN K.P., (NOW MAJOR), DO. DO.

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7 V.SEETHARAM KOTHARI S/O.PATTAYYA KOTHARI, VALATHURA GOODMAN, KAVARADI VILLAGE, NELLIKKADU P.O., KUNTHAPOOR TALUK, KAMADAKA STATE-673 016.

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8 UNITED INDIA INSURANCE CO.LTD.

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BRANCH OFFICE, P.B.NO.13, KANCHAN TOWER, NH 17, KUNTHAPOOR-673 016.

BY ADVS.

SMT.M.SHAJNA

SRI.K.M.FIROZ

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MACA 186/2011

JUDGMENT

A road traffic accident in which a lorry and a jeep

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was involved gave rise to a claim before the Tribunal. Negligence was found on the driver of the jeep as well as the lorry at the ratio of 1:1. The jeep driver died in the accident.

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The appeal is filed by the Insurance Company, who has insured the jeep against the liability for payment of

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50% of the compensation awarded as per the order of the

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Tribunal. The learned Standing Counsel for the Insurance

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Company would contend that having found 50% negligence on

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the driver of a jeep, the insurer of the jeep cannot be directed to indemnify the registered owner. It is pointed

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out that the registered owner has also no liability to pay

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any compensation, since the death of the jeep driver was

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caused partly by his own negligence. The Tribunal having

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found 50% negligence on the jeep driver, there could not

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have been any liability cast on the insurer of the vehicle, driven by the deceased.

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MACA 186/2011

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submission made by the learned Standing Counsel for the Insurance Company. The jeep driver, who died in the

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accident having been found to be negligent, there can be no compensation awarded for the death caused by his own negligence. Since there was a contributory negligence on the part of the driver of the other vehicle also. 50% liability would have to be satisfied by the insurer of the lorry. The insurer of the jeep does not have any liability

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to indemnify the registered owner, since the registered owner himself does not have any liability to compensate the driver for his own negligence. In such circumstances, the appeal is allowed, deleting the portion in the award,

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wherein the insurer of the jeep was directed to pay half of

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the compensation to the legal heirs. Whatever amount has been deposited, shall be returned to the Insurance Company.

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No costs.

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K.VINOD CHANDRAN

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dkr

The Oriental Insurance Co.Ltd. v. Abdurahiman K P & Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co.Ltd. v. Abdurahiman K P & Others

Case brief

What is this about?

What did the court decide?

What the court decided

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