National Insurance Co. Ltd vs P.Ashraf on 11 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 40 of 2010()


1. NATIONAL INSURANCE CO. LTD.,
                      ...  Petitioner

                        Vs



1. P.ASHRAF, S/O. MOHAMMED RESIDING AT NAZZ
                       ...       Respondent

2. C A MOHAMMED SUBAIR, AGE NOTE KNOWN,

3. OEIWNRL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :11/02/2010

 O R D E R
                     M.N. KRISHNAN, J.
              = = = = = = = = = = = = = = =
                    R.P. NO. 40 OF 2010
                   IN MACA 1042 OF 2009
              = = = = = = = = = = = = = = =
        Dated this the 11th day of February, 2010.

                         O R D E R

A fundamental mistake has been committed by the

appellant, not noted by the Registry ultimately resulting in

passing an award against the Company which is not even a

necessary party to the proceedings. Therefore it requires

correction. So the judgment passed by me on 29.9.09 is set

aside and the MACA is restored to file with a direction to the

appellant to implead proper insurance company as a party to

the proceedings. Post the MACA for taking steps on

22.2.2010. The review petition is allowed accordingly.

M.N. KRISHNAN, JUDGE.

ul/-