Equitable discretion permitted insurer to withdraw motor accident appeal against Tribunal award on compensation following similar prior case dismissal; appeal deemed withdrawn and dismissed.
Appeal dismissed as withdrawn. No compensation adjustment.
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 C.T.RAVIKUMAR
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 3RD DAY OF MARCH 2016/13TH PHALGUNA, 1937
MACA.No. 2022 of 2011 ( )
AGAINST THE AWARD IN OPMV 245/2006 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD DATED 17-08-2011
APPELLANT/3RD RESPONDENT:
NATIONAL INSURANCE CO.LTD; SHRIRAM SITE OFFICE, 2 A PRAKASHAN ROAD, T.NAGAR CHENNAI, TAMIL NADU, REP.BY THE MANAGER REGIONAL OFFICE, KOCHI.
BY ADV. SRI.RAJAN P.KALIYATH
RESPONDENTS/CLAIMANTS:
AGED 45 YEARS, W/O. NANDAPADY, -DO- -DO-
THIS MOTOR ACCIDENTS CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.T.RAVIKUMAR & MARY JOSEPH, JJ.
M.A.C.A.No.2022 of 2011
Dated 3rd March, 2016
JUDGMENT
Ravikumar, J.
This appeal has been preferred against the award dated 17.8.2011 in O.P.(M.V)No.245 of 2006 of the Motor Accidents Claims Tribunal, Kasaragod. Essentially, this appeal has been preferred against the quantum of compensation awarded therein. When this appeal is taken up for consideration today, the learned counsel for the appellant insurer submitted that in the light of the judgment of this Court in M.A.C.A.No.2021 of 2011 dated 6.7.2015 dismissing the appeal preferred against the award in O.P.(M.V)No.320 of 2006 arising out of the same occurrence this appeal may be permitted to be withdrawn. In the light of the said submission and recording the same this appeal is dismissed as withdrawn.
Sd/-
C.T.RAVIKUMAR Judge
Sd/- MARY JOSEPH Judge
TKS
National Insurance Co. Ltd
Nanapady M
Ashakumari M
Ashwini N
C.T. Ravikumar
Mary Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
