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2008 Supreme(Ker) 14

K.HEMA, J.B.KOSHY
Leela, Keerikkadu Village – Appellant
Versus
Manager, National Insurance Co. Ltd, Ernakulam District – Respondent


Advocates Appeared: For the Appellant :S. Mohanan, Advocate. For the Respondents

Judgment :-

Koshy, J.

Appellant is challenging the award passed by the Lok Adalat on the basis of a settlement. The above award shows that it was not signed by the claimant (appellant). Regulation 33 of the Kerala State Legal Services Authority Regulations, 1998 provides that every award should be signed by parties. Since the claimant did not sign the settlement, the award is non-est in law. When such contentions are raised, the regular appeal will not lie but only a petition under Article 226 or 227 of the Constitution of India has to be resorted. However, in this case appeal was directed to be numbered by another Division Bench after holding that parties have not signed the settlement. Hence it is non-est of law. We use the powers under Article 227 of the Constitution and we declare that parties have not signed the settlement and the impugned award cannot be considered as an award. It is the contention of the petitioner that petitioner earlier approached the Registry by filing a writ petition. But that was not accepted and returned in view of the decision in Rajeshwary v. Sooraj (2006 (1) KLT 203). Thereafter when the appeal was filed, registry also noted that appeal is also not m



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