High Court Kerala High Court

Joseph Alexander vs M.A. Ibrahimkutty on 11 August, 2008

Kerala High Court
Joseph Alexander vs M.A. Ibrahimkutty on 11 August, 2008
       

  

  

 
 
  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.
                  --------------------------------------------
                      M.A.C.A. No. 1569 OF 2004
                  --------------------------------------------
                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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