Saju, v. the Manager
Case brief
What is this about?
Allowed an appeal by the appellant who failed to produce the fitness certificate at the trial. Set aside the Tribunal's direction to recover compensation from him. Ordered a refund to the appellant and awarded costs to the insurer.
What did the court decide?
Direction to recover compensation from the appellant set aside; Tribunal ordered to refund Rs. 20,000 and pay Rs. 5,000 cost to the insurer.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 16TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943
MACA NO. 993 OF 2019
AGAINST THE AWARD DATED 19.04.2017 IN OP(MV)NO.1942/2014 OF
MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM.
APPELLANT/1ST RESPONDENT:
SAJU,
AGED 43 YEARS,
S/O. BHASKARAN, CHARUVILA PUTHENVEEDU,
ELAVOOR, PALLIMON P.O,
KOLLAM 691 001.
BY ADV K.S.MANU (PUNUKKONNOOR)
RESPONDENTS/3RD RESPONDENT/PETITIONER:
1THE MANAGER,
NEW INDIA ASSURANCE COMPANY LIMITED,
KOLLAM 691 001
2NAZEER,
AGED 41 YEARS,
S/O. ABDUL RAHMAN,
PALLIPADINJATTATHIL VEEDU,
NEAR KERALAPURAM , MOSQUE,
KERALAPURAM 691 504.
Issues for consideration
2 issues framed by the court
Whether the direction to recover compensation from the owner was justified due to lack of fitness certificate.
Whether the appellant had a valid fitness certificate as on the date of the accident.
Parties & counsel
- appellant
Saju
- respondent
New India Assurance Company Limited
- respondent
Nazeer
Coram
Case details
As recorded by the court registry
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