IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 RP.No. 234 of 2011(B) ------------------------------- [AGAINST THE JUDGEMENT DATED 06/08/2010 IN MACA.NO.408/2004 OF THIS HON'BLE COURT] .................... PETITIONER/3RD RESPONDENT: ----------------------------------------------- THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, METRO PLACE, OPP: NORTH RAILWAY STATION, ERNAKULAM, REPRESENTED BY ITS AUTHORISED OFFICER. BY ADV. SRI.V.P.K.PANICKER. RESPONDENTS/APPELLANT & RESPONDENTS 1, 2 AND 4: ------------------------------------------------------------------------------------ 1. P.CHANDRAN, S/O.PADMANABHAN, THUNDIL VEEDU, WARD NO.VI, AMBALAPPUZHA PANCHAYATH, KAKKAZHAM MURI, AMBALAPPUZHA VILLAGE, AMBALAPPUZHA- 688 561. 2. THIRU LEKSHMONA PILLAI,S/O.THIRU MUTHU IRALAPPA PILLAI, KANAKA SABAPTHI PILLAI STREET, TUTICORIN, TAMIL NADU- 682 001. 3. XAVIER, S/O.ANTONY, DRIVER, BALAMURUKA BUS CO.LTD, TUTICORIN, TAMIL NADU- 682 001. 4. BASHEER, VRIKSHA VILASAM THOPPU VANDANAM, ALAPPUZHA 688 001. R1 BY ADV. SMT. ELIZABETH MATHEW IDICULA, R4 BY ADV. SRI. P. VIJAYABHANU. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/04/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= R.P.No. 234 of 2011 in M.A.C.A. No. 408 of 2004 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 1st day of April, 2011 O R D E R Basheer, J. Heard. 2. The fourth sentence in paragraph 4 of the judgment shall stand corrected as hereunder:- “On an appreciation of evidence the Tribunal found that the accident occurred due to the negligence of the driver of the mini lorry and awarded a total compensation of Rs.42,000/- with interest at the rate of 6% per annum from the date of petition till realization and a cost of Rs.500/-.” 3. Second sentence in paragraph 6 starting with the words “The finding of the Tribunal that the accident occurred due to the negligence on the part of the 2nd respondent is not challenged in this appeal” shall stand deleted and the following sentence shall be incorporated:- RP 234/2011 2 “The finding of the Tribunal that the accident occurred due to negligence on the part of the driver of the mini lorry is not challenged in this appeal” 4. Similarly the penultimate sentence in paragraph 11 viz., “The 3rd respondent being the insurer of the offending vehicle shall deposit the amount before the Tribunal within two months from the date of receipt of a copy of this judgment” shall stand deleted and the following sentence “ viz., “The owner and driver of the mini lorry shall deposit the amount before the Tribunal within two month from the date of receipt of a copy of this judgment” shall be incorporated. Registry shall carry out necessary corrections in the judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.