KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL No. 738/2017

JUDGMENT DATED: 05.11.2021

(Against the Order in C.C. 240/2016 of CDRF, Malappuram)

PRESENT:

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN              : PRESIDENT

SRI.T.S.P. MOOSATH                                                       : JUDICIAL MEMBER

SRI.RANJIT. R                                                                   : MEMBER

SMT. BEENA KUMARY. A                                              : MEMBER

SRI. K.R. RADHAKRISHNAN                                        : MEMBER

APPELLANT:

Life India Educational and Charitable Trust, 2^nd Floor, Kabani Arcade, Near Private Bus Stand, Muvattupuzha represented by its Chairman C.K. Shaji.

                   (By Advs. Viju Chakkalakkan & Narayan R.)

                                                Vs.

RESPONDENTS:

1. P.A. Varghese, Pulimoottil House, Kunnapally P.O., Malappuram-679 322.

(By Adv. B.A. Krishna Kumar)

2. National Insurance Company, Aluva Divisional Office, Umbarath Building, Pump Junction, Aluva-683 101.

JUDGMENT

HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT

Appellant is represented by Adv. Narayan.  Adv. Krishnakumar appears for the 1^st respondent.  It is submitted by the 1^st respondent that the insurance company has already paid the entire amount ordered to be paid by the District Forum and has fully satisfied the decree.  The limited prayer that is put forward by the appellant is to discharge the appellant from the joint liability that has been fastened.  The request is accepted.  Since the insurance company has not challenged the order of the District Forum the said order has become final as against the said company.  What has been challenged in this appeal is only the limited aspect of whether the joint liability on the appellant should be continued or not.  Since the entire order has been satisfied, we discharge the appellant from the joint liability that has been fastened by the District Forum. This appeal is allowed to the above limited extent. 

The statutory deposit made while filing this appeal shall be refunded to the appellant, on proper application.

JUSTICE K. SURENDRA MOHAN  : PRESIDENT

                                 T.S.P. MOOSATH   : JUDICIAL MEMBER

                 RANJIT. R                : MEMBER

                                                                                               BEENA KUMARY. A         : MEMBER

                                                                                                   K.R. RADHAKRISHNAN  : MEMBER

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