ORIENTAL INSURANCE CO. LTD. Vs. LATHA C.PILLAI

JUDGEMENT

(1.) M.A.C.A.No.1941 of 2012 is an appeal at the instance of the 3rd respondent in O.P(MV).No.3723 of 1997 on the file of the Motor Accidents Claims Tribunal, Ernakulam. The petitioner in the above O.P(MV) has preferred M.A.C.A.No.1136 of 2013.

(2.) Brief facts :

(3.) The learned counsel for the 3rd respondent, the appellant in M.A.C.A.No.1941 of 2012 submitted that the order of remand passed by the Division Bench of this Court is not an open remand and the disability alone was ordered to be considered. However, the Tribunal re-assessed and granted M.A.C.A.No.1941/2012 and Rs.4,31,627.00 as compensation against the spirit of the remand order. However, the learned counsel for the petitioner would submit that the remand order does not say that the remand was for any limited purpose. On perusal of the remand order, the following portions in para.4 and 5 are relevant. Therefore, the same is extracted here under: