Manaf @ Abdul Manaf v. K.a.Rasheed and Others
Case brief
What is this about?
In a motor accident appeal, the High Court of Kerala set aside the Motor Accident Claims Tribunal's award that reduced compensation by 50% due to the rider's contributory negligence. Relying on the police charge sheet which found sole negligence of the bus driver, the Court modified the award to restore the entire compensation amount to the claimant and ordered its immediate deposit by the Insuran
What did the court decide?
The Tribunal's award reducing 50% of compensation was modified; the entire compensation of ₹1,52,383 with interest is now payable by the Insurance Company.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY ,THE 18TH DAY OF SEPTEMBER 2018 / 27TH BHADRA, 1940
MACA.No. 857 of 2007
AGAINST THE AWARD IN OPMV 769/2001 of MACT, IRINJALAKUDA DATED 2806-2006
APPELLANT/S:
MANAF @ ABDUL MANAF, S/O.ABDUL KHADER, RESIDING AT PADAPARAMBIL HOUSE,PO.EDAVILANGU, S.N.PURAM, KODUNGALLUR.
BY ADVS. SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL
RESPONDENT/S:
1 K.A.RASHEED, RESIDING AT KARUKAPADATH HOUSE, P.O.KARA,KODUNGALLUR, THRISSUR DISTRICT.
Issues for consideration
3 issues framed by the court
Whether the Tribunal's reduction of 50% compensation due to 50% negligence attributed to the scooter rider was correct.
Whether the compensation should be modified to reflect sole negligence of the bus driver based on the police charge sheet.
Whether the Insurance Company is liable to pay the entire compensation amount of ₹1,52,383 without any reduction.
Parties & counsel
- appellant
Manaf @ Abdul Manaf
- respondent
K.A.Rasheed
- respondent
Moideen
- respondent
The Oriental Insurance Company Limited
Coram
Case details
As recorded by the court registry
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