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NARAYANAN, AGED 62 versus M/S. NATIONAL INSURANCE CO. LTD.

High Court of Kerala

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NARAYANAN, AGED 62 v. M/S. NATIONAL INSURANCE CO. LTD. - WP(C) No. 15515 of 2006(V) [2007] RD-KL 12369 (6 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15515 of 2006(V)

1. NARAYANAN, AGED 62,
... Petitioner

Vs

1. M/S. NATIONAL INSURANCE CO. LTD.,
... Respondent

2. C.K.PREMAN,

For Petitioner :SRI.R.T.PRADEEP

For Respondent :SRI.RAJAN P.KALIYATH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :06/07/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 15515 OF 2006

Dated this the 6th day of July, 2007



JUDGMENT

Strenuous and persuasive submissions of Sri.R.T.Pradeep notwithstanding, I am not able to agree with him when he submits that Ext.P4 order of the MACT is vitiated to the extent justifying interference by this court under its visitorial jurisdiction. But at the same time I notice that the amount of Rs.2,000/- determined by the court below as cost to compensate for the inconvenience caused to the claimant was quite inadequate. The cost will stand enhanced to Rs.5,000/- from Rs.2,000/- presently ordered. There will also be a clarification that the Insurance Company alone will be the beneficiary of Ext.P4. In other words, the award will stand set aside as against the Insurance Company only and will stand confirmed against the other respondents in OP(MV). The 1st respondent Company is directed to pay the redetermined cost within a period of one month of receiving copy of this judgment, failing which Ext.P4 will stand set aside in full and the IA No.2716 of 2004 will stand dismissed and the Writ Petition will stand allowed.

PIUS C. KURIAKOSE, JUDGE

btt WPC 2


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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