IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 MACA.No. 1202 of 2007() ----------------------- OPMV.34/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, VADAKARA .................... APPELLANT: 3RD RESPONDENT: ----------------------------- THE NEW INDIA ASSURANCE COMPANY LTD., REPRESENTED BY THE DEPUTY MANAGER, REGIONAL OFFICE, M.G.ROAD, KOCHI-11. BY ADV. SMT.RAJI T.BHASKAR RESPONDENT(S): PETS 1 TO 5 & RES. 1 & 2 RESPECTIVELY: ----------------------------------------------------- 1. SAFIYA, W/O.LATE MOOSA, AGED 35 YEARS, KALATHIL HOUSE, PURANKARA P.O., VADAKARA BEACH, (WIFE OF THE DECEASED), PIN 673 103. 2. RAHIYANATH, AGED 18 YEARS, KALATHIL HOUSE, PURANKARA P.O., VADAKARA BEACH, (DAUGHTER OF THE DECEASED). 3. RAHEENA, AGED 11 YEARS, (MINOR),. REPRESENTED THROUGH SAFIYA, W/O.LATE MOOSA, KALATHIL HOUSE, PURANKARA P.O., VADAKARA BEACH, (DAUGHTER OF THE DECEASED). PIN 673 103. 4. RASHEEDA, AGED 8 YEARS, (MINOR), REPRESENTED THROUGH SAFIYA, W/O.LATE MOOSA, KALATHIL HOUSE, PURANKARA P.O., VADAKARA BEACH, (DAUGHTER OF THE DECEASED). PIN 673 103. 5. RAHIM, AGED 4 I/2 YEARS, (MINOR), REPRESENTED THROUGH SAFIYA, W/O.LATE MOOSA, KALATHIL HOUSE, PURANKARA P.O., VADAKARA BEACH, (SON OF THE DECEASED). PIN 673 103. 6. SUNIL KUMAR, S/O.CHOYI, AGED 32 YEARS, NADUVILAKANDY MEETHAL HOUSE, P.O.MANDARATHUR, VATAKARA PIN-673 105. 7. BIJOY, S/O.NANU, AGED 39 YEARS, AZAD HOUSE, P.O.MANIYUR, VATAKARA, PIN 673 523. ADV. SRI.P.NARAYANAN FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. --------------------------------------------------------------- M.A.C.A.NO.1202 OF 2007 -------------------------------------------- Dated this the 28th day of June, 2010 JUDGMENT A.K.Basheer,J Learned counsel submits that the appellant does not intend to pursue the matter any further, since, the policy involved in this case is a “Package policy” and therefore, the company will be liable to indemnify the owner of the vehicle. The above submission is recorded. Learned counsel seeks permission to withdraw the appeal. Permission is granted. Appeal is dismissed as withdrawn. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. pm