The High Court dismissed a writ appeal challenging a Single Judge judgment that set aside a Lok Adalath award. The Court observed that evidence had already been completed in the remitted matter and found no ground for interference.
The writ appeal is dismissed. No Costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939 WA.No. 453 of 2018 IN WPC. 5568/2012
AGAINST THE JUDGMENT IN WP(C) 5568/2012 of HIGH COURT OF KERALA DATED 09-11-2017
APPELLANT(S)/RESPONDENT
S.SANAL KUMAR S/O.SREEDHARAN, T.C.14/335, VRINDAVANAM, POTHUJANAM LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM 695003.
BY ADVS.SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM SMT.R.RANJANA
RESPONDENT(S)/PETITIONER:
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
Writ Appeal No. 453 of 2018
Dated: 09th March, 2018
J U D G M E N T
Antony Dominic, C.J.
The respondent in W.P.(C) No. 5568 of 2012 is the appellant. The writ petition was filed by the respondents herein impugning an Award passed by the permanent Lok Adalath, which required them to pay the amount claimed by the appellant as expenses for Ayurvedic treatment undergone by him in pursuance of a mediclaim policy that he had subscribed. Having regard to the fact that the Award was rendered without referring to the provisions of the mediclaim policy and in particular the clause, on the strength of which the respondents had repudiated the claim, the learned Single Judge set aside the Award and remitted the
W.A. No. 453/2018
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matter for reconsideration. It is this judgment which is challenged.
the learned Single Judge thought it appropriate to set aside the Award and remit the matter for fresh consideration.
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Now that the parties have let in evidence in pursuance of the judgment under appeal and the matter is scheduled to be heard, we do not think, at this distance of time, the petitioner is justified in pursuing his challenge against the judgment. For all these reasons we do not find any ground to interfere with the impugned judgment.
The writ appeal is dismissed. No Costs.
Sd/ANTONY DOMINIC, CHIEF JUSTICE.
Sd/DAMA SESHADRI NAIDU, JUDGE.
jjj 09/03/2018
1 issue framed by the court
Whether the Single Judge's judgment setting aside the Lok Adalath award and remitting the matter should be interfered with.
SSANAL KUMAR
UNITED INDIA INSURANCE CO.LTD
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
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