The Oriental Insurance Company … vs The Motor Accidents Claims … on 28 November, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 11549 of 2007(Y)


1. THE ORIENTAL INSURANCE COMPANY LIMITED,
                      ...  Petitioner

                        Vs



1. THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
                       ...       Respondent

2. ELDHOSE E.J., S/O.JOY, EDATHOTTIYIL

3. SHABU, S/O.MADHAVAN, VADAKKEKARA HOUSE,

4. BABY CHACKO, PARAYIL HOUSE,

                For Petitioner  :SRI.MATHEWS JACOB (SR.)

                For Respondent  :SRI.ROY THOMAS

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/11/2007

 O R D E R
                        ANTONY DOMINIC, J.

                  ===================
                  W.P.(C) NO.11549 OF 2007 Y
                  ===================

          Dated this the 28th day of November, 2007


                           J U D G M E N T

Insurance company challenges Ext.P1 award. By judgment

in WPC Nos. 11550 and 11673 /07, the learned Judge of this

court had disposed of the writ petitions challenging the awards in

OPMV Nos. 672/02 and 1081/04 disposed of along with OPMV

673/02, which is the subject matter of this writ petition. In the

said judgment, the learned Judge did not interfere with the

award, but clarified that it would be open to the insurance

company to initiate appropriate proceedings to recover the

amount from the owner of the vehicle, if they are legally entitled

to.

Granting the same relief and without prejudice to the said

right, this writ petition is also disposed of.

ANTONY DOMINIC, JUDGE
Rp