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UNITED INDIA INSURANCE CO.LTD. versus DEVIKA, W/O.HARI

High Court of Kerala

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UNITED INDIA INSURANCE CO.LTD. v. DEVIKA, W/O.HARI - RP No. 344 of 2007 [2007] RD-KL 7757 (12 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 344 of 2007()

1. UNITED INDIA INSURANCE CO.LTD.,
... Petitioner

Vs

1. DEVIKA, W/O.HARI,
... Respondent

2. JOSE, S/O.INASU, RESIDING AT RADHA

3. MANIKANDAN, RESIDING AT MULAKKAL HOUSE,

4. P.K.SANTHOSH, S/O.KUMARAN,

5. AMBALAKKATT VIJAYAKUMARAN NAIR,

6. ORIENTAL INSURANCE COMPANY LIMITED,

For Petitioner :SRI.P.MURALEEDHARAN

For Respondent : No Appearance

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

Dated :12/04/2007

O R D E R

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

R.P. No.344 of 2007 IN M.F.A.No.1297 of 2000

Dated this the 12th day of April, 2007

Order

Koshy, J.

In the impugned judgment, respondents 1 and 2 were ex parte. The tribunal has directed to pay 50% of the amount awarded by respondents 1 and 2 and balance amount by respondents 4, 5 and 6. Third respondent insurance company was exonerated by the tribunal. We have also found that there was no valid policy, but, while writing the operative portion, we have written that 50% of the amount, that is, Rs.90,135/- with interest and cost awarded by the tribunal should be paid by the third respondent after deducting the amount already paid instead saying that respondents 1 and 2 should pay the amount. That was only a typographical mistake and that is corrected. 50% of the amount shall be deposited by respondents 1 and 2 jointly and severally. Liability of the sixth respondent is not interfered with. The review petition is allowed to the above extent. J.B.KOSHY

JUDGE

K.P.BALACHANDRAN

JUDGE

vaa W.P.(C).No./2007 2 J.B. KOSHY AND

K.P.BALACHANDRAN, JJ.

R.P. No.344/2007 IN M.F.A.NO.1297/2000

ORDER

Dated:12th April, 2007


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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