In a case involving a review petition and a writ appeal against an industrial dispute/order, the bench observed that at this length of time, no interference was called for, and disposed of both petitions without granting relief.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944
RP NO. 831 OF 2005
AGAINST THE JUDGMENT IN MFA 482/1985 OF HIGH COURT OF KERALA
REVIEW PETITIONER/5TH RESPONDENT:
K. BALAKURUP,
LEKSHMI NIVAS, VITHURA P.O.,
NEDUMANGAD TALUK.
BY ADV SRI.PIRAPPANCODE V.S.SUDHIR
RESPONDENTS/APPELLANT & RESPONDENTS 1 TO 4 & 6:
1 THE NEW INDIA ASSURANCE CO.LTD., M.G. ROAD, COCHIN-11.2 B. RETHNAMMA, RETNA VILAS', PAZHAVADI GRAMAM,, NEDUMANGAD VILLAGE, NEDUMANGAD TALUK.`3 K.P. SUMESH, RETNA VILAS', PAZHAVADI GRAMAM,, NEDUMANGAD VILLAGE, NEDUMANGAD TALUK.`4 K.P. ANIL KUMAR, RETNA VILAS', PAZHAVADI GRAMAM,, NEDUMANGAD VILLAGE, NEDUMANGAD TALUK.`5 BHAGEERATHY AMMA, PARAPPARA MEKKUMKARA PUTHEN VEEDU,, PERAPPARA P.O., VITHURA, NEDUMANGAD.R.P.831/05 in M.F.A.482/85 & W.A.2082/05
2
6K. MOHANAN NAIR
KOVIL VILAKATHU VEEDU, CHETTACHAL P.O.,
VITHURA VILLAGE, NEDUMANGAD.
BY ADVS.
SRI.P.M.KUNJIMOIDEENKUTTY
SRI.LAL K.JOSEPH
SRI.S.A.NAGENDRAN, SR.
SRI.KKM.SHERIF
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.11.2022, ALONG WITH WA.2082/2005, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
R.P.831/05 in M.F.A.482/85 & W.A.2082/05
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944
WA NO. 2082 OF 2005
AGAINST THE JUDGMENT IN OP 14966/1995 OF HIGH COURT OF
KERALA
APPELLANT/PETITIONER:
K.BALAKURUP,
LEKSHMI NIVAS,
VITHURA P.O.,VITHURA VILLAGE,
NEDUMANGAD TALUK.
BY ADV SRI.PIRAPPANCODE V.S.SUDHIR
RESPONDENTS/RESPONDENTS:
1 B.RETNAMMA, RETNA VILAS, PAZHAVADI GRAMOM, NEDUMANGAD.2 K.P.SUMESH, RETNA VILAS, PAZHAVADI GRAMOM, NEDUMANGAD.3 K.P.ANIL KUMAR, RETNA VILAS PAZHAVADI GRAMOM, NEDUMANGAD.4 BHAGEERATHI AMMA, PURAPPARA, MEKKUMKARA PUTHEN VEEDU, PERAPPAM P.O., VITHURA, NEDUMANGAD.R.P.831/05 in M.F.A.482/85 & W.A.2082/05
4
5 THE NEW INDIA ASSURANCE COMPANY LTD. M.G.ROAD, KOCHI-11.BY ADVS.
SRI.P.G.GANAPPAN
SRI.T.K.MARTHANDAN UNNITHAN
SRI.S.A.NAGENDRAN SR.
SRI.PREMJIT NAGENDRAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
08.11.2022, ALONG WITH RP.831/2005, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
R.P.831/05 in M.F.A.482/85 & W.A.2082/05
5
JUDGMENT
Dated this the 8th day of November, 2022
S.Manikumar, C.J.
R.P.No.831 of 2005 is filed against the judgment in M.F.A.No.482 of 1985 dated 17.01.1991. Operative portion of the judgment in M.F.A.No.482 of 1985 is reproduced:
“5. We modify the award by holding that the insurer
is liable only to the extent of Rs 10,000/ together with interest thereon from date of award till date of first of the deposits made. Out of the amounts deposited in the names of the minors, insurer will be entitled to obtain Rs 40,000/-. The Tribunal shall ensure that this is done. The balance amount of Rs 10,000/- shall continue in the account to the credit of the minors. If any interest has been accrued and not withdrawn, it is open to the guardian of the accumulated minors to withdraw the amount of interest. Interest accumulated shall not be paid to the insurer. The insurer shall be entitled to obtain from the Bank amount deposited in the names of claimants 1 and 4. In other words, the amount awarded less Rs 10,000/- together with interest on the balance amount shall be recovered by the claimants from the driver and owner of the car jointly and severally. The appeal is allowed to this extent. Parties shall bear costs in the appeal.”
R.P.831/05 in M.F.A.482/85 & W.A.2082/05
6
O.P.No.14966 of 1995 dated 28.06.2005.
Going through the material on record, we are of the view that at this length of time, no interference is called for. Accordingly, both the review petition and the writ appeal are disposed of.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
S.Manikumar Chief Justice
Sd/- Shaji P.Chaly Judge
vpv
//true copy//
P.A. to Judge
K. Balakurup
The New India Assurance Co. Ltd.
B. Rethnamma
K.P. Sumesh
K.P. Anil Kumar
Bhageerathy Amma
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court