IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 S. A.No. 350 of 1994(G) --------------------- AS.30/1993 of SUBORDINATE COURT ,THALASSERY. OS.342/1990 of MUNSIFF COURT, THALASSERY .................... APPELLANT/RESPONDENT/2ND DEFENDANT: THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, KANNUR. BY ADV. SRI.S.EASWARAN RESPONDENTS/APPELLANTS/PLAINTIFFS: *1. KANDYAN DAMODARAN, S/O. KUNHIRAMAN, RESIDING AT SUSHEELA BUILDING, T.C.ROAD, THALASSERY.(DIED) ADDITIONAL RESPONDENTS 2 TO 4 #2. V.REMA, W/O. LATE KANDYAN DAMODARAN, RESIDING AT SUSHEELA BUILDING, T.C.ROAD, THALASSERY. **3. SHAILASH, S/O. LATE KANDYAN DAMODARAN, RESIDING AT SUSHEELA BUILDING, T.C.ROAD, THALASSERY.(DIED) 4. ANISH, S/O. LATE KANDYAN DAMODARAN, RESIDING AT SUSHEELA BUILDING, T.C.ROAD, THALASSERY. ADDITIONAL RESPONDENTS 5 & 6 5. SMT. SEENA SHYLESH, CHERIYAPARAMBATH HOUSE, PALAYAT NADA. P.O. PUTHUPPANAM, VATAKARA. S. A. No. 350 / 1994 -2- 6. MASTER SUHAS, (MINOR) S/O. LATE SHYLESH, CHERIYAPARAMBATH HOUSE, PALAYAT NADA. P.O. PUTHUPPANAM, VATAKARA. REPRESENTED BY HIS MOTHER SEENA SHYLESH. BY ADV. SRI.R.SURENDRAN SRI.K.LAKSHMINARAYANAN * ADDITIONAL RESPONDENTS 2 TO 4 ARE IMPLEADED AS THE LEAGAL REPRESENTATIVES OF DECEASED SOLE RESPONDENT AS PER ORDER DATED 4/8/1999 IN CMP's 281,282,283 OF 1999. ** RESPONDENTS 5 AND 6 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED ADDL. 3RD RESPONDENT AS PER ORDER DATED 2/06/2007 IN I.A. 84/2008 IN S.A. # ADDITIONAL SECOND RESPONDENT IS RECORDED AS ONE OF THE LEGAL HEIRS OF DECEASED ADDL. THIRD RESPONDENT, RECORDING THE MEMO FILED BY THE COUNSEL FOR THE APPELLANT ON 17/06/2008 VIDE C.F 3264/2008. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J ------------------------------ S.A. No. 350 of 1994 ------------------------------ Dated this the 23rd day of June, 2008 JUDGMENT Though the judgment in this Second Appeal was pronounced on merits dictating in open court dismissing the appeal, counsel for the appellant after verification of some records submitted that a fundamental mistake had crept in; that Exhibit A1 is a receipt signed by the authorised representative, whose designation is Assistant Branch Manager (Sales) and not one issued by the Insurance Agent; that therefore, none of the contentions advanced by the L.I.C is tenable and that had not been taken note of, while advancing arguments in the appeal and therefore, this Second Appeal does not actually involve any substantial question of law for consideration by this court as formulated and that therefore, this Regular Second Appeal be dismissed as not pressed. It is also submitted that memo in that behalf is being filed today. The submission is recorded. In the result, I dismiss this Second Appeal. K.P. BALACHANDRAN, JUDGE scm