Ramakrishnan, J: The 1st respondent in MACA.No.117/2007 has filed this review petition to review the judgment of this Court giving right to the insurer to recover the enhanced amount from him on the basis of the award of the Tribunal and he wants to review the same on the basis of another judgment of this Court in MACA.No.722/2014 in which he had challenged the finding of the Tribunal in the original award in which the finding of the Tribunal was set aside and the insurance company was made to pay the entire amount.
2. When this review petition came up for hearing today, the learned counsel appearing for the insurance company submitted that in MACA.No.722/2014 the appellant therein had produced the driving licence and they were satisfied with the genuineness of the same and on that basis they were conceded their liability and and on the basis of the submission made, this Court has set aside the findings of the Tribunal to the extent giving the right of the insurance company to realise the amount from the insured which insurance company was made to satisfy as per the award. In view of the subsequent event in which the finding of the Tribunal in OP(MV). No.744/1999 was set aside making the insurance company liable to pay the award amount, the finding of this Court in MACA.No.1177/2007 also to be reviewed modified. So, the judgment to the extent giving liberty for the insurance company to recover the enhanced compensation on satisfaction of the award from the insured is reviewed and the insurance company is made liable to pay that amount also.
With the above modification, the judgment is reviewed and review petition is disposed of.
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K. RAMAKRISHNAN, JUDGE.
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A.K. JAYASANKARAN NAMBIAR, JUDGE.
cl /true copy/ P.S to Judge