This First Miscellaneous Appeal filed by an insurer was dismissed as infructuous because the main original petition before the Motor Accidents Claims Tribunal had been finally disposed of.
Appeal dismissed as being infructuous.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 MFA.No. 681 of 1996() -------------------------------OP(MV.3627/1993 of M.A.C.T.,KOZHIKODE ....................
APPELLANT - 3RD RESPONDENT: --------------------------------------------
UNITED INDIA INSURANCE CO. LTD., REPRESENTED BY THE MANAGER, THIRD PARTY CLAIMS OFFICE, JOS JUNCTION, ERNAKULAM.
BY ADV. SRI.SREELAL N.WARRIER SRI.D.S.WARRIER SMT.MARY ANITHA JOSE
RESPONDENTS - PETITIONER & RESPONDENTS:
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1. K. RASHEED (MINOR), S/O. USSAIN, AGED 7 YEARS, DATE OF BIRTH 20.7.1986, REPRESENTED BY GUARDIAN, MOTHER K.P. KHADEEJA, W/O. USSAIN, AGED 30 YEARS, KAKKAT HOUSE, PILASSERY P.O., KUNNAMANGALAM AMSOM, KALARIKANDY DESOM, KOZHIKODE.
2. T.V. ASSAINAR, PULLAVOOR, R.E.C. (P.O.) KOZHIKODE DISTRICT.
3. N.K. AYSHA, ALUMKANDY HOUSE, PULIAVOOR, R.E.C. (PO), KOZHIKODE DISTRICT.
4. N.K. KUNHIMUHAMMED, PULLAVOOR, R.E.C. (PO) KOZHIKODE DISTRICT.
BY ADV. SRI.SUNNY MATHEW
THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K. PADMANABHAN NAIR, J.
= = = = = = = = = = = = = = = = = = =
M.F.A. NO.681 OF 1996
= = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008
J U D G M E N T
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This appeal is filed by the Insurer challenging the interim award passed under Section 140 of the Motor Vehicles Act in O.P(MV) No.3627 of 1993 on the file of the Motor Accidents Claims Tribunal, Kozhikode. It is reported by the Tribunal that the main O.P. itself has been disposed of finally on 30.4.2001 awarding a compensation of Rs.1,18,550/and the interim award passed was directed to be adjusted towards the final award. So even though the direction of the Tribunal to the Insurer to pay Rs.25,000/- is not legally sustainable, in view of the disposal of the Original Petition finally, this appeal has become infructuous.
In the result, appeal is dismissed as infructuous.
K. PADMANABHAN NAIR, JUDGE.
vsv
K. PADMANABHAN NAIR, J. ===================== M.F.A. NO.681 OF 1996
===================== J U D G M E N T
14TH JANUARY, 2008
UNITED INDIA INSURANCE CO. LTD.
K. RASHEED
K. PADMANABHAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
