IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35417 of 2004(N)
1. NAZEEM ABDULLA, DIRECTOR,
... Petitioner
Vs
1. DISTRICT COLLECTOR, CALICUT.
... Respondent
2. SPECIAL DEPUTY TAHSILDAR
3. NADIYA, D/O.P.K.UMMERKUTTY,
4. DR.N.SELVAM, ORTHO SURGEON,
5. KERALA STATE CONSUMER REDRESSAL
6. NEW INDIA ASSURANCE COMPANY,
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :12/08/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J.
....................................................................
W.P.(C) No.35417 of 2004
....................................................................
Dated this the 12th day of August, 2009.
JUDGMENT
W.P. is filed challenging Ext.P1 by which the State Commission
ordered recovery of Rs.5 lakhs from respondents 1 and 2. There is no scope
for interference with Ext.P1 issued by the State Consumer Disputes
Redressal Commission because if petitioner had grievance, matter should
have been taken up in appeal or revision before the National Commission.
Recovery has to be necessarily made from respondents 1 and 2 through
recovery proceedings. Option is given to respondents 1 and 2 to recover
amounts from the Insurance Company to the extent covered by the policy.
There is no scope for this court deciding this issue as well and I leave this
issue open to petitioners 1 and 2 to claim against the Insurance Company
based on policy and based on the award passed by the State Commission.
However, since respondents 1 and 2 in the award, one of whom is the
petitioner herein, is liable to be proceeded against for recovery of Rs.5 lakhs
in terms of the award, they are jointly and severally liable. Consequently
2
W.P. is dismissed but with direction to the Recovery Authority to
immediately recover the amount and pay the same to the beneficiary.
C.N.RAMACHANDRAN NAIR
Judge
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