This is a single-paragraph order in a review petition arising from a motor accident claim. The High Court dismissed the review, holding no error existed on the face of the record and that the remedy was to appeal, not file a review.
The review petition is dismissed. No error found apparent on the face of the records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR
FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929
RP.No. 16 of 2008()
------------------AGAINST THE JUDGEMENT IN MACA.1734/2007
REVIEW PETITIONER/APPELLANT/3RD RESPONDENT
UNITED INDIA ASSURANCE CO. LTD., VADAKKANCHERRY ROAD, KUNNAMKULAM, THRISSUR. REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM.
BY ADV. SRI.N.S.MOHAMMED USMAN
RESPONDENTS: RESPONDENTS
BY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.PADMANABHAN NAIR, J.
R.P.No.16 of 2008
Dated this the 11th January, 2008.
O R D E R
The appeal filed by the Insurance Company, contending that the applicant in the Original Petition is a gratuitous passenger, was dismissed on the ground that no such contention was raised before the Tribunal and evidence adduced. Even if my judgment is wrong, the remedy available to the petitioner is to challenge it, in accordance with law, and not to file any review. I find no error apparent on the face of the records. Hence, this Review Petition is dismissed.
K.PADMANABHAN NAIR, JUDGE
nj.
1 issue framed by the court
Whether the review petition needs to be allowed since the error regarding the status of the passenger was not raised before the Tribunal?
UNITED INDIA ASSURANCE CO. LTD.
SHAJU
K.V.JACOB
BENNET K.J.
K.PADMANABHAN NAIR
NJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
