IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 MFA.No. 234 of 2010() --------------------------- WCC.217/2006 of W.C.C., PALAKKAD .................... APPELLANT(S): 2ND OPPOSITE PARTY -------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PLAZA, NORTH RAILWAY STATION ROAD, ERNAKULAM. BY ADV. SRI.V.P.K.PANICKER RESPONDENT(S): -------------------- 1. OTHAYAMANGALAL ALI, S/O. ABDURAHIMAN, KATTILCHOLAKKAL HOUSE, MUNDAMBRA, P.O. UGRAPURAM, VIA.AREECODE, MALAPPURAM DIST.-673 639. 2. KALLUVETTIKUZHI SHOUKATHALI AGED 42 YEARS, S/O. MOHAMMED, AKKARATHODI HOUSE, NORTH KOZHAKOTTOOR, P.O.AREECODE-673 639. MALAPPURAM DISTRICT. THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs K.M.JOSEPH & M.C. HARI RANI,JJ ============================== M.F.A. NO. 234 OF 2010 ============================ Dated this the 15th day of December, 2010 JUDGMENT K.M. Joseph, J. The questions sought to be raised in this appeal as substantial questions of law, in our opinion, really does not arise for consideration in this appeal as they stand answered against the appellant by virtue of the decision in National Insurance Co.V. Rekha (2007(4) KLT 386) following Pratap Narain Singh Do V.Shrinivas Sabata and another (AIR1976 SC 222). There is no judgment of the apex court by a bench of same or larger strength contrary to the same brought to our notice. Accordingly we see no reason to admit this appeal. In such circumstances, there is no merit in the appeal and it is accordingly dismissed. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk