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2021 Supreme(Online)(KER) 35436

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
THE NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
WILLIAMS – Respondent


Advocates:
SRI.MATHEWS JACOB (SR.) SRI.P.JACOB MATHEW, SRI.C.A.CHACKO

JUDGMENT

Dated, this the 25th day of January, 2021 The judgment in this case was passed along with MACA No.2232/2017, which was an appeal by the claimant seeking enhancement. The present appeal was one in which the Insurance Company denied its liability. The appeal of the Insurance Company was rejected and the appeal for enhancement was allowed. Later, the Insurance Company filed a review on the ground that there is an error apparent on the face of the record. Being convinced of the error, this Court reviewed the judgment in MACA No.2751/2017, but not interfering with the judgment in the appeal for enhancement. The order in review was dated 25.01.2021 itself. The counsel for the respondent owner of the vehicle appeared and no notice was issued against the claimant respondent since the neither the review nor the result of the present appeal would prejudice the claimant for reason of the Insurance Company having already paid up the money due to the claimant. The learned Standing Counsel for the Insurance Company and learned Counsel for the respondents 1 and 2, driver and owner of the vehicle were heard.

2. The Insurance Company had filed the appeal [MACA No.2751 of 2017] on the ground

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