Review petition against an order dated 06.03.2012 in a motor accident case involving an insurance policy was dismissed as the review could not entertain a de novo appreciation of evidence.
Review petition dismissed as no ground for review existed.
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 THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 23RD DAY OF SEPTEMBER 2014/1ST ASWINA, 1936
RP.No. 738 of 2014 () IN MACA.648/2008
AGAINST THE ORDER/JUDGMENT IN MACA 648/2008 of HIGH COURT OF KERALA DATED 06-03-2012
REVIEW PETITIONER(S)/IST RESPONDENT/CLAIMANT:
ABDUL HAKKIM
S/O.UMMER, PALATHINKAL HOUSE, KIZHAYUR PATTAMBI, OTTAPPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.K.MOHANAN(PALAKKAD)
RESPONDENT(S)/APPELLANT & 2ND RESPONDENT/RESPONDENTS IN O.P:
1. THE ORIENTAL INSURANCE CO.LTD. PATTAMBI, REPRESENTED BY THE AUTHORIZED SIGNATORY THE ORIENTAL INSURANCE COMPANY LIMITED REGIONAL OFFICE, ERNAKULAM, METRO PALACE ERNAKULAM NORTH, KOCHI - 18.
2. UMMER
S/O.KUNJAHMMED, PALATHINKAL HOUSE, KIZHAYUR PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT.
R1 BY SRI.A.R.GEORGE
R1 BY SRI.GEORGE CHERIAN (THIRUVALLA)
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 23-09-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN & A.V.RAMAKRISHNA PILLAI, JJ.
R.P.No.738 of 2014 in
M.A.C.A.No.648 of 2008
Dated this the 23rd day of September, 2014
O R D E R
Thottathil B.Radhakrishnan, J.
Heard the review petition for admission. We have gone through the judgment sought to be reviewed and the grounds of review urged.
The judgment sought to be reviewed has been issued considering, specifically, the terms of Ext.B4 policy. Materials on record were adverted to and considered, as is apparent from the judgment dated 06.03.2012. Under such circumstances, the review petition cannot be entertained for de novo appreciation of evidence. We see no ground for review. Therefore, the review petition is dismissed.
(THOTTATHIL B.RADHAKRISHNAN, JUDGE)
(A.V.RAMAKRISHNA PILLAI, JUDGE)
jg
ABDUL HAKKIM
THE ORIENTAL INSURANCE CO.LTD
UMMER
THOTTATHIL B.RADHAKRISHNAN
A.V.RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
