Marie v Pillay (CA 04/2017) [2018] SCSC 8177 (27 May 2018)
The appellant is entitled to ancillary costs associated with the car loss based on her credible, unchallenged testimony, except for car hire costs already indemnified by the insurer, which must be deducted to prevent double indemnity.
- Citation
- [2018] SCSC 8177
- Parties
- Appellant: Dr. Ludmila Marie; Respondent: Darel Pillay
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 27 May 2018
- Case Number
- CA 04/2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal partly allowed
- Legal Topics
- Damages, Road Traffic Accident, Quantum of Damages, Insurance Indemnity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Dr. Ludmila Marie
Appellant
Darel Pillay
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant was entitled to ancillary costs associated with the car loss beyond the sum paid by the insurer
- 2 Whether the magistrate erred in deducting SR12,000 from the car hire costs
- 3 Whether the magistrate erred in not awarding costs for road tax, insurance, and underseal
Ratio Decidendi
The appellant is entitled to ancillary costs associated with the car loss based on her credible, unchallenged testimony, except for car hire costs already indemnified by the insurer, which must be deducted to prevent double indemnity.
Court Disposition
appeal partly allowed
Orders
- Respondent to pay SR 34,487 to the appellant with costs
Full Case Text
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