The Divisional Manager vs Viswanathan on 15 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 2141 of 2008()


1. THE DIVISIONAL MANAGER, NATIONAL
                      ...  Petitioner

                        Vs



1. VISWANATHAN, S/O RAMAKRISHNAN,
                       ...       Respondent

2. JANKINS RAJAN, S/O NESAYYAN,

3. BOVAS, S/O CHELLA NADAR, 18/12B,

4. THE DIVISIONAL MANAGER, NEW INDIA

5. RAMANATHAN, S/O RAMAKRISHNAN,

                For Petitioner  :SRI.RAJAN P.KALIYATH

                For Respondent  :SRI.VPK.PANICKER

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

 Dated :15/12/2009

 O R D E R
                       M.N. KRISHNAN, J.
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                 M.A.C.A. NO. 2141 OF 2008
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        Dated this the 15th day of December, 2009.

                        J U D G M E N T

Learned counsel for the New India Assurance Company

who is the 3rd respondent before the court below has brought

to my notice the decision of a Division Bench which is an

appeal arising out of the same accident. The said appeal is by

New India Assurance Company and the present appeal is filed

by the National Insurance Company who is the 5th respondent

in the claim petition. The Division Bench in the admission

stage itself had decided not to entertain the appeal and had

dismissed the same. There cannot be two conflicting views

against the very same award and this court cannot go beyond

the decision of a Division Bench and therefore the appeal only

has to be dismissed and I do so.

M.N. KRISHNAN, JUDGE.

ul/-