A.Unni vs The New India Assurance Company … on 3 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 15 of 2009()


1. A.UNNI, S/O.APPU
                      ...  Petitioner

                        Vs



1. THE NEW INDIA ASSURANCE COMPANY LTD
                       ...       Respondent

2. RAJU,, S/O.SAMUEL

3. PARAMESWARAN, S/O.CHELLAPPAN NADAR

                For Petitioner  :SRI.G.SUDHEER

                For Respondent  :SRI.N.S.MOHAMMED USMAN

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :03/03/2009

 O R D E R
             J.B.KOSHY, Ag.C.J. & THOMAS P. JOSEPH, J.
                         --------------------------------------
                            R.P.NO.15 of 2009 in
                         M.A.C.A.No.1381 of 2006
                          -------------------------------------
                           Dated 3rd March, 2009

                                      ORDER

Koshy, Ag.C.J.

Since the accident occurred while claimant was travelling in a

goods vehicle, following the decision in New India Assurance Co. Ltd. v.

Asha Rani and others ((2003) 2 SCC 223), we have exonerated the

insurance company from the liability for payment of compensation to the

claimant and directed the owner and driver to pay the amount awarded. In

view of the judgment of the Hon’ble Supreme Court, we see no ground to

review the judgment.

The review petition is dismissed.

J.B.KOSHY
ACTING CHIEF JUSTICE

THOMAS P. JOSEPH
JUDGE

tks