IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15515 of 2006(V)
1. NARAYANAN, AGED 62,
... Petitioner
Vs
1. M/S. NATIONAL INSURANCE CO. LTD.,
... Respondent
2. C.K.PREMAN,
For Petitioner :SRI.R.T.PRADEEP
For Respondent :SRI.RAJAN P.KALIYATH
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/07/2007
O R D E R
PIUS C. KURIAKOSE, J.
-------------------------------
W.P.(C) No. 15515 OF 2006
-----------------------------------
Dated this the 6th day of July, 2007
JUDGMENT
Strenuous and persuasive submissions of Sri.R.T.Pradeep
notwithstanding, I am not able to agree with him when he submits that
Ext.P4 order of the MACT is vitiated to the extent justifying interference
by this court under its visitorial jurisdiction. But at the same time I notice
that the amount of Rs.2,000/- determined by the court below as cost to
compensate for the inconvenience caused to the claimant was quite
inadequate. The cost will stand enhanced to Rs.5,000/- from Rs.2,000/-
presently ordered. There will also be a clarification that the Insurance
Company alone will be the beneficiary of Ext.P4. In other words, the
award will stand set aside as against the Insurance Company only and
will stand confirmed against the other respondents in OP(MV). The 1st
respondent Company is directed to pay the redetermined cost within a
period of one month of receiving copy of this judgment, failing which
Ext.P4 will stand set aside in full and the IA No.2716 of 2004 will stand
dismissed and the Writ Petition will stand allowed.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2