Case details

Maharaj and another (Appellants) v Motor One Insurance Company Limited (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2016/0101

Jurisdiction: The Court of Appeal of Trinidad and Tobago

Case summary

Issue(s)
  1. Whether the Court of Appeal was wrong to hold that the Appellants’ claim was statute barred
  2. Whether the Court of Appeal was correct in not considering the Respondent’s concealment and/or conduct.
Facts

On 1 August 1988 the Appellants were involved in a motor vehicle accident with a motor bike driven by a Mr Parmashwar. Mr Parmashwar was insured by B and L Insurance Company Limited (the predecessors of the Respondents). The insurers alleged that the accident had been caused by the negligence of the First Appellant. On 28 April 1998, judgment was entered in the High Court against Mr Parmeshwar in the Appellants' favour. Damages were assessed on 11 August 2005.

Eight years later, on 17 September 2013, the Appellants filed an action against the Respondents as the insurer of Mr Parmeshwar under the Motor Vehicles Insurance (Third Party Risks) Act for recovery of monies secured by the 1998 judgment. Default judgment was entered in favour of the Appellants on 25 October 2013. The Respondent successfully applied to set aside the default judgment on 8 November 2013. The Appellants filed an amended statement of case on 23 December 2014 raising the issue of concealment by the Respondent. The Respondent filed an amended defence on 22 January 2015 which raised the issue of statutory limitation.

Parties

Appellant(s)

Rampersad Maharaj

Respondent(s)

Motor One Insurance Company Limited

Appeal

Justices

Lord Mance, Lord Kerr, Lord Wilson, Lord Sumption, Lady Black

Hearing start date

01 Mar 2018

Hearing finish date

01 Mar 2018