Udaya Kumar v. Jacob
Case brief
What is this about?
Motor Accident Claims Appeal challenging a Tribunal finding of 50% contributory negligence based on alcohol smell. Court held smell alone unsustainable for negligence. No interference with compensation quantum. Appeal allowed in part.
What did the court decide?
Third respondent to deposit Rs.1,54,500/- representing the 50% deducted for contributory negligence, with interest and costs, within 60 days.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943
MACA NO. 394 OF 2012
APPELLANT/S:
UDAYAKUMAR AGED 41 YEARS S/O.VAMADEVAN,NEDIYAVILA PUTHEN VEEDU, ANUGRAHA NAGAR, KILIKOLLOOR CHERRY, KILIKOLLOOR P.O, KOLLAM. BY ADV SRI.C.RAJENDRAN
RESPONDENT/S:
- 1 P.JACOB
XB, CHOICE TOWERS, SAHADEVAN AYYAPPAN ROAD, COCHIN 682 024.
- 2 VINAYAN V.M S/O.MAHADEVAN, CHARUVILA VEEDU, AYYAMPALLY, ALAMCODU P.O, ATTINGAL, THIRUVANANTHAPURAM 695 102.
Issues for consideration
2 issues framed by the court
Whether the Tribunal's finding attributing contributory negligence based solely on the smell of alcohol is sustainable in law.
Whether the quantum of compensation awarded by the Tribunal is reasonable and just.
Parties & counsel
- appellant
Udayakumar
- respondent
P.Jacob
- respondent
Vinayan V.M
- respondent
The Divisional Manager Oriental Insurance Company Ltd
- respondent
Babu
- respondent
Case details
As recorded by the court registry
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