Vineeth v. Mathayi
Case brief
What is this about?
High Court allowed a motor accident claims appeal, holding that the Tribunal erred in fixing liability on drivers who were accompanied by a licensed driver, and reversing the grant of recovery rights to the insurer.
What did the court decide?
The right of recovery granted to the insurer is set aside; the insurer is held liable to pay compensation directly to the petitioner released money was ordered.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 13TH DAY OF DECEMBER 2023 / 22ND AGRAHAYANA, 1945
MACA NO. 808 OF 2022
AGAINST THE AWARD DATED 31.03.2021 IN OP(MV) NO.413 OF 2017 OF MOTOR
ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA
APPELLANTS/RESPONDENTS 2 & 1:
1VINEETH, S/O WILSON,
AGED 32 YEARS,
PUTHURU HOUSE, ELANJIKULAM DESOM, MANNUTHY P.O,
KOZHAKULLY VILLAGE - 680651,
2RAGESH V.N.,
S/O NARAYANAN,
VALIPARAMBIL HOUSE, THEKKUMKARA P.O, VADAKKANCHERY,
THRISSUR - 680580
BY ADVS.SRI.JOHNSON JOSE PANJIKKARAN
SRI.T.R.JERRY SEBASTIAN
SRI.RIMJU P.H.
RESPONDENTS/CLAIMANT & RESPONDENT 4
1MATHAYI,
S/O.CHACKO,
AGED 50 YEARS,
KIZHAKKEPOVATHINKAL HOUSE, MALESAMANGALAM P.O,
THRISSUR- 680588.
2THE MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
IRINJALAKUDA-680121.
BY ADVS.SMT.RAJI T.BHASKAR
SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSURANCE COMPANY
LIMITED
Issues for consideration
2 issues framed by the court
Whether the Tribunal erred in imposing liability on drivers/respondents where one was accompanied by a person holding a valid LMV driving licence.
Whether the right of recovery granted to the insurer from the drivers was sustainable in law.
Parties & counsel
- petitioner
Vineeth
- appellant
Ragesh V.N.
- respondent
Mathayi
- respondent
United India Insurance Co. Ltd.
Coram
Case details
As recorded by the court registry
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