On 02.11.2022, the Court allowed the petitioner to file an original petition while reserving the right to claim higher compensation based on the Supreme Court's law in Gurbakhsh Singh case.
Petitioner permitted to file original petition reserving right to claim higher compensation per Gurbakhsh Singh law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11TH KARTHIKA, 1944
OP (MAC) NO. 43 OF 2021
AGAINST THE ORDER/JUDGMENTOPMV 687/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,NEYYATTINKARA
PETITIONER:
SARAN C.R.,
AGED 29 YEARS
S/O.R.C. UNNITHAN, SARANYAN TC 41/1146, TEACHERS LANE,
KOWDIAR, P.O. THIRUVANANTHAPURAM 695 003
NOW RESIDING AT RVCARA 183, KANAMPALLIL,
THEVALLY P.O., KOLLAM 691 009.
BY ADVS.
PRATHEESH.P
SMT.S.REKHA KUMARI
RESPONDENTS:
1 RANI CHANDRASEKHARANW/O.R.C. UNNITHAN, SARANYAN TC 41/1146, TEACHERS LANE,
KOWDIAR, P.O. THIRUVANANTHAPURAM 695 003 .
2 THE MANAGER,NATIONAL INSURANCE CO.LTD., ST. JOSEPH, PRESS BUILDING,
VAZHUTHCAUD, THIRUVANANTHAPURAM 695 014.
BY ADVS.
SRI.A.MUHAMMED RAFFI
LAL GEORGE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 02.11.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) NO. 43 OF 2021 -2-
JUDGMENT
Learned counsel for the petitioner submits that petitioner is not pressing this original petition reserving the right to claim the higher compensation in terms of the law laid down by the Hon'ble Supreme Court in Gurbakhsh Singh and Others v. Buta Singh and
Another [2018 KHC 6374]. Ordered accordingly.
Sd/-
AMIT RAWAL JUDGE
VV
1 issue framed by the court
Whether the petitioner is permitted to file this original petition without immediately pressing claims.
Colour shows how this judgement treated each authority
Gurbakhsh Singh and Others v. Buta Singh and AnotherReferred¶19
Gurbakhsh Singh and Others v. Buta Singh and Another [2018 KHC 6374]
SARAN C.R.
RANI CHANDRASEKHARAN
THE MANAGER, NATIONAL INSURANCE CO.LTD.
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court