High Court Kerala High Court

National Insurance Company … vs Ammukutty on 4 December, 2008

Kerala High Court
National Insurance Company … vs Ammukutty on 4 December, 2008
       

  

  

 
 
  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.
                ================================
                    M.A.C.A.No.1198 of 2007 - G
                 ===============================
            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/-