IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1569 of 2004()
1. JOSEPH ALEXANDER, AGED 71 YEARS,
... Petitioner
Vs
1. M.A. IBRAHIMKUTTY, MANAPPURATH HOUSE,
... Respondent
2. K.K. ARAVINDAKSHAN, KURIDUPARAMBIL
3. NATIONAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.ANIL S.RAJ
For Respondent :SRI.RAJAN P.KALIYATH
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN
Dated :11/08/2008
O R D E R
C .N. RAMACHANDRAN NAIR &
V.K. MOHANAN, JJ.
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M.A.C.A. No. 1569 OF 2004
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Dated this the 11th day of August, 2008
JUDGMENT
Ramachandran Nair,J.
This appeal is filed for enhancement of compensation awarded
for the loss caused to the appellant’s car in the accident. We have heard
counsel appearing for the appellant and standing counsel appearing for
the insurance company. The car involved in the accident was a 1970
model ambassador petrol car. Compensation awarded for the damage
caused to the car is Rs. 10000/-. The whole case of the appellant is
based on the survey report and considering the extensive damage
caused to the car, higher compensation should have been awarded, is
his case. The case of the insurance company is that appellant is not
entitled to any increase because Tribunal clearly found that survey
report is exaggerated. We are inclined to accept the case of the
insurance company because in the first place petitioner did not produce
insurance policy covering his car and the benefit if any he got under the
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said policy. Besides this, car is a 1970 model car and there is no case
for the appellant that the accident led to write-off of the car. In fact car
probably would have been repaired and re-used by the appellant. In the
circumstances, we do not find any ground to interfere with the award of
compensation by the Tribunal. Appeal is accordingly dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(V. K. MOHANAN)
Judge.
kk
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