IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 RP.No. 321 of 1998() -------------------- AGAINST THE JUDGEMENT/ORDER IN MFA.268/1997 Dated 23/05/1997 .................... REVIEW PETITIONER(S): ---------------------- 1. CHERIAN VARGHESE(BABU) (DRIVER) S/O.CHERIYAN AYYANKOVIL HOUSE, NALLAMTHANNIL, CHUNKATHRA, MALAPPURAM DIST. (PRESENT ADDRESS: AYYANKOVIL HOUSE, VALAKUZHY P.O., VENNIKULAM.) 2. A.V.ABRAHAM, S/O.VARGHESE, AYYANKOVIL HOUSE, NARAKATHANI P.O., MALLAPPALLY, PATHANAMTHITTA DIST.(DIED) ADDITIONAL PETITIONERS: 3. MARIYAMMA ABRAHAM, W/O.LATE A.V.ABRAHAM, AYYANKOVIL HOUSE, THELLIYOOR MURI, THELLIYOOR VILLAE, MALLAPPALLY TALUK, PATHANAMTHITTA DIST. 4. VARGHESE ABRAHAM, S/O.LATE A.V.ABRAHAM, .DO. .DO. , REP. BY HIS POWER OF ATTORNEY MARIYAMMA ABRAHAM, S/O.LATE A.V.ABRAHAM, AYYANKOVIL HOUSE, THELLIYOOR MURI, THELLIYOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DIST. 5. VINO ABRAHAM, S/O.LATE A.V.ABRAHAM, .DO. .DO. (ADDL. PETITIONERS ARE IMPLEADED AS PER ORDER DT.14.1.2009 IN I.A. NO.86/2009) BY ADV. SRI.P.R.VENKITESH RESPONDENT(S): --------------- 1. E.J.VARGHESE, S/O.A.V.JACOB, ELAPPAKKATTU HOUSE, VALAKUZHY P.O., THELLIYOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DIST. 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, CHANGANACHERRY. ADDL. RESPONDENT: 3. SHINO SAMUEL, S/O.LATE A.V.ABRAHAM, AYYANKOVIL HOUSE, THELLIYOOR MURI, THELLIYOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITA DISTRICT. (ADDL. RESPONDENT IS IMPLEADED AS PER ORDER DT.14.1.2009 IN I.A. NO.86/2009) ADV. SRI.LAL GEORGE FOR R2 SRI.P.HARIDAS FOR ADDL.R3 THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... R.P. No.321 of 1998 in M.F.A. No.268 of 1997 .................................................................... Dated this the 13th day of January, 2009. ORDER Ramachandran Nair, J. Heard counsel for the review petitioner and Standing Counsel appearing for the Insurance Company. Review petitioner was the registered owner against whom the award is passed by MACT granting compensation to the claimant for the injury sustained in the accident. Even though petitioner claimed existence of policy, MACT exonerated the Insurance Company for want of proof of actual policy. According to the petitioner, the policy was misplaced and therefore, the same could not be produced before the MACT nor in appeal before this court. However, the registered owner and after his death, the legal heirs were trying to locate the policy. True copy of the same is now obtained from Mettupalayam. Pursuant to order issued by this court, Standing Counsel for the Insurance Company verified with the company and confirmed to this court that copy of policy produced is 2 true copy of the genuine policy issued by the company. Having regard to the circumstances stated, we allow the review petition by setting aside the judgment in M.F.A. No.268/1998 dated 23.5.1997 and restore the appeal to file. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms