The Branch Manager Vs. Tessy

The Branch Manager vs Tessy

Type Court Judgment Court Kerala Decided Sep 23, 2014

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https://sooperkanoon.com/case/1165023

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Citation: sooperkanoon.com/1165023
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Abraham Mathew
Decided On: Sep 23, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

The Branch Manager

Respondent

Tessy

Excerpt

.....166 of the kerala motor vehicles act for compensation alleging that the accident was due to the negligence of the driver of the car. they filed an application under section 140 of the m.v. act for interim relief. the appellant with whom the car had been insured raised a contention that the accident was due to the negligence of the driver of the lorry and it is not liable to pay compensation.2. the learned presiding officer of the tribunal overruled the objection and directed the appellant to pay the interim relief by the impugned interim award.3. heard both sides.4. to attract section 140 of the m.v. act, only two m.a.c.a. no.2376 of 2014 -2- facts required to be proved; (1) the death took place as a result of the accident arising out of the use of the car in this case. (2) the car had been insured with the appellant. these two facts are admitted. the question of negligence is beyond the scope of the enquiry under section 140 of the m.v. act, negligence being irrelevant. if two vehicles are involved, the owners of both vehicles are liable to pay the interim relief and their liability is joint and several. each one is liable to pay the whole amount.5. there is no merit in the argument of the learned counsel that since negligence on the part of the driver of the lorry is denied the appellant is not liable to pay the compensation. the amount paid under the interim award shall be reduced from the amount of compensation finally found to be payable to the claimants. in the result, this appeal is dismissed. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY,THE23D DAY OF SEPTEMBER20141ST ASWINA, 1936 MACA.No. 2376 of 2014 () ------------------------- AGAINST THE INTERIM AWARD IN I.A.No.2718/2013 IN OP(MV) 798/2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, ALAPPUZHA DATED1205-2014 APPELLANT/2ND RESPONDENT: -------------------------------------------------------------------------- THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE CO.LTD., COCHIN. BY ADVS.SRI.P.S.RAMU SRI.SHAJIN S.HAMEED RESPONDENTS/CLAIMANTS1TO5AND RESPONDENTS13,4 AND5 ---------------------------------------------------------------------------------------------------------- 1. TESSY W/O. JOHN, ROSE HOUSE, CMC-7 VARANAD P.O., CHERTHALA.

2. JERIL JOHN PANJIKKARAN S/O. JOHN, -DO- 3. JERFY J.

PANJIKKARAN D/O. JOHN, -DO-.

4. JEROM J.PANJIKKARAN S/O. JOHN, -DO- 5. ROSAMMA W/O. JOSEPH, PUTHUVAL NIKARTH, CMC-7 VARANAD P.O., CHERTHALA.

6. XAVIER J.

S/O. MATHEW JOSEPH, PANJIKKARAN HOUSE, CMC-7 VARANAD P.O., CHERTHALA.

7. RAJMOHAN R. S/O. RAMAKRISHNA PILLAI, MOHAN NIVAS, PULIYANNOOR KOTTAYAM.

8. K.A.SALEEL PARTNER, M/S. UNITED ENTERPRISES, 8/101-J KATTUVEETTIL BUILDING, S.H.MOUNT P.O., KOTTAYAM.

9. THE BRANCH MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD. AMRUTHA TOWERS, M.G.ROAD, KOCHI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON2309-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/- K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - M.A.C.A. No.2376 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2014

JUDGMENT

One John P. Panjikkaran was travelling in a car when it hit against a lorry. As a result of the injuries sustained by him, he lost his life. His legal representatives filed petition under Section 166 of the Kerala Motor Vehicles Act for compensation alleging that the accident was due to the negligence of the driver of the car. They filed an application under Section 140 of the M.V. Act for interim relief. The appellant with whom the car had been insured raised a contention that the accident was due to the negligence of the driver of the lorry and it is not liable to pay compensation.

2. The learned Presiding Officer of the Tribunal overruled the objection and directed the appellant to pay the interim relief by the impugned interim award.

3. Heard both sides.

4. To attract Section 140 of the M.V. Act, only two M.A.C.A. No.2376 of 2014 -2- facts required to be proved; (1) the death took place as a result of the accident arising out of the use of the car in this case. (2) The car had been insured with the appellant. These two facts are admitted. The question of negligence is beyond the scope of the enquiry under Section 140 of the M.V. Act, negligence being irrelevant. If two vehicles are involved, the owners of both vehicles are liable to pay the interim relief and their liability is joint and several. Each one is liable to pay the whole amount.

5. There is no merit in the argument of the learned counsel that since negligence on the part of the driver of the lorry is denied the appellant is not liable to pay the compensation. The amount paid under the interim award shall be reduced from the amount of compensation finally found to be payable to the claimants. In the result, this appeal is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties The Branch Manager vs Tessy Same Subject Land Acquisition Same Judge Honourable Mr. Justice K.Abraham Mathew