IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1198 of 2007()
1. NATIONAL INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. AMMUKUTTY, W/O.LATE KORAMAN, REMA
... Respondent
2. KUNHUNNI, S/O.KARUPPUNNI, KOTHAMBATH
3. THE ORIENTAL INSURANCE COMPANY LIMITED,
For Petitioner :SRI.MATHEWS JACOB (SR.)
For Respondent :SRI.V.E.ABDUL GAFOOR
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :04/12/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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M.A.C.A.No.1198 of 2007 - G
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Dated this the 4th day of December, 2008.
J U D G M E N T
KOSHY, J.
This appeal is filed by the insurance company. O.P.(MV).No.643
of 2004 was filed by another claimant, injured in the same accident.
This Court by judgment dated 8.8.2008 in M.A.C.A.No.1209 of 2007
arising from the award in that case held that there is no clear evidence
regarding negligence. Hence, that award was set aside and the case
was remanded for further evidence. To avoid conflict on facts, we set
aside the award under challenge and remand the matter to the
Tribunal for fresh consideration as per the directions in the judgment
in M.A.C.A. No. 1209 of 2007. In that case, parties were directed to
appear before the Tribunal on 18.9.2008. Parties in this case are
directed to appear before the Tribunal on 17.12.2008 and the Tribunal
may post all connected cases together and dispose of the same.
Registry is directed to send a copy of this judgment immediately
to the Tribunal.
J.B.KOSHY, JUDGE
THOMAS P. JOSEPH, JUDGE
bkn/-