IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 RP.No. 40 of 2010() ------------------------------ AGAINST THE JUDGMENT DTD. 29.9.09 IN MACA. NO.1042/2009. ........... REVIEW PETITIONER(S): PETITIONER/2ND RESPONDENT ------------------------------------- NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE, NOOR COMPLED, MAVOOR ROAD, NER ARYADAHUPALAM, KOZHIKODE. BY ADV. MR.RAJAN P.KALIYATH RESPONDENT(S): APPELLANT & R1 & ADDL. RESPONDENT ---------------------------- 1. P.ASHRAF, S/O. MOHAMMED RESIDING AT NAZZ MANZIL POST, KUTTIKATTOOR MEDICAL COLLEGE, KOZHIKODE. 2. C A MOHAMMED SUBAIR, AGE NOTE KNOWN, CHERIYA ARAKKAL HOUSE, THANGALS ROAD, KOZHIKODE. 3. ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, SEEMA BUILDING, G.H.ROAD, KOZHIKODE. BY ADV. MR.A.V.M. SALAHUDHEEN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = R.P. NO. 40 OF 2010 IN MACA 1042 OF 2009 = = = = = = = = = = = = = = = Dated this the 11th day of February, 2010. O R D E R A fundamental mistake has been committed by the appellant, not noted by the Registry ultimately resulting in passing an award against the Company which is not even a necessary party to the proceedings. Therefore it requires correction. So the judgment passed by me on 29.9.09 is set aside and the MACA is restored to file with a direction to the appellant to implead proper insurance company as a party to the proceedings. Post the MACA for taking steps on 22.2.2010. The review petition is allowed accordingly. M.N. KRISHNAN, JUDGE. ul/-