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THE ORIENTAL INSURANCE COMPANY LIMITED versus C.N.DEEPA

High Court of Kerala

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THE ORIENTAL INSURANCE COMPANY LIMITED v. C.N.DEEPA - MFA No. 1086 of 2000(B) [2007] RD-KL 11652 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1086 of 2000(B)

1. THE ORIENTAL INSURANCE COMPANY LIMITED
... Petitioner

Vs

1. C.N.DEEPA
... Respondent

For Petitioner :SRI.MATHEWS JACOB (SR.)

For Respondent :SRI.G.BALAMURALEEDHARAN (PARAVUR)

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :29/06/2007

O R D E R

J.B.KOSHY & K.P.BALACHANDRAN, JJ.

M.F.A.No.1086 OF 2000 Dated 29th June, 2007

JUDGMENT

Kos

hy,J.

First respondent met with an accident due to the negligence of the driver of the vehicle insured by the appellant insurance company. Tribunal awarded a compensation of Rs.43,200/= with interest. The only contention raised by the appellant is that State Insurance Department also insured the offending vehicle and, therefore, the liability should have been shared by the appellant insurance company as well as State Insurance Department. Even though this was pleaded before the court below, the appellant insurance company did not make the State Insurance Department a party. The fact that offending vehicle was insured by the appellant is admitted. Third party liability was unlimited at that time. There is no reason for the appellant insurance company for not depositing the entire amount awarded. State Insurance Department was not made a party and the appeal itself was filed in 2000. We are unable to pass any award against the State Insurance Department in this appeal. After depositing the entire award amount, if appellant has got any claim against the State Insurance Department, it can proceed against them, if they are advised so. We are not considering the maintainability of such claims in this appeal. The appeal is dismissed. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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