Case Summary
This case involves Vision Motors Pvt Ltd, an authorized Honda dealership, claiming repair charges from Nirmal Nair, the owner of a vehicle repaired by them. The second defendant, the insurer of the vehicle, denies any liability, asserting that the damage was caused by the owner's negligence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
First defendant is directed to pay Rs. 2,95,650/- along with interest and court costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established that the first defendant failed to fulfill their contractual obligations regarding repair payments.
The plaintiff established that the first defendant failed to fulfill their contractual obligations regarding repair payments.
Judgment Evidence:
In the result, the suit is decreed in part as follows. 1) 1st defendant is directed to take delivery of the plaint schedule vehicle or remove the same from the plaintiff’s premises within a period of 1 month. 2) 1st defendant shall pay a sum of Rs. 2,95,650/- along with interest @9 percent per annum from the date of the suit till the date of decree and at the rate of 6 percent per annum from the date of decree till realization. 3) 1st defendant shall also pay costs of the suit to the plaintiff.
Parties Involved
Plaintiffs
Vision Motors Pvt Ltd (Age not specified years)
34/574, Near NH-Bypass, Palarivattom, Cochin – 682 024
Defendants
Nirmal Nair (Age not specified years)
Pavithram, Mulakuzha P.O, Chengannur, Alappuzha, Cochin, Pin – 689 505
The Manager, The Oriental, Insurance Co. Ltd. (Age not specified years)
Metro Palace, Xavier Arakkal Road, Opposite Town Railway Station, Ernakulam North, Kacheripady, Kochi, Kerala – 682 018
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff sought mandatory injunction for delivery of the vehicle.
Evidence:
1st defendant is directed to take delivery of the plaint schedule vehicle or remove the same from the plaintiff’s premises within a period of 1 month.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Plaintiff sought damages amounting to ₹2,95,650 along with interest.
Evidence:
1st defendant shall pay a sum of Rs. 2,95,650/- along with interest @9 percent per annum from the date of the suit till the date of decree and at the rate of 6 percent per annum from the date of decree till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff sought costs of the suit.
Evidence:
1st defendant shall also pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Original of the authorization letter for repairs.
Reference:
Ext.A1
Document Type:
Repair order
Submitted By:
Plaintiff
Relevance:
Carbon copy of the repair order along with a computer copy.
Reference:
Ext.A2
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice dated 31-08-2017 for the repairs.
Reference:
Ext.A3
Document Type:
Tax Invoice
Submitted By:
Plaintiff
Relevance:
Tax invoice dated 09-12-2017 for the repairs.
Reference:
Ext.A4
Document Type:
Letter of communication
Submitted By:
Plaintiff
Relevance:
True copy of the letter of communication and postal receipt.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 20-03-2019 requesting dues clearance.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for legal notice sent.
Reference:
Ext.A7
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice returned as unserved.
Reference:
Ext.A8
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice dated 31-08-2017.
Reference:
Ext.A9
Document Type:
Invoice
Submitted By:
Plaintiff
Relevance:
Invoice dated 09-12-2017.
Reference:
Ext.A10
Document Type:
Communication certificate
Submitted By:
Plaintiff
Relevance:
Copy of communication with certificate under Section 63.
Reference:
Ext.A11
Document Type:
Insurance policy
Submitted By:
Defendant
Relevance:
True copy of Policy no 441593/31/2017/1025.
Reference:
Ext.B1
Document Type:
Repudiation letter
Submitted By:
Defendant
Relevance:
True copy of repudiation letter dated 03-01-2017.
Reference:
Ext.B2
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of letter dated 25-01-2018.
Reference:
Ext.B3
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of letter dated 25-01-2018.
Reference:
Ext.B4
Document Type:
Survey report
Submitted By:
Defendant
Relevance:
Original final survey report dated 28-12-2017.
Reference:
Ext.B5
Document Type:
Authorization letter
Submitted By:
Defendant
Relevance:
Original authorization letter dated 22-09-2024.
Reference:
Ext.B6
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Oral depositions of witnesses PW1 and DW1.
Reference: