Case nº Revision Petition No. 1333 Of 2015, (Against the Order dated 24/11/2014 in Appeal No. 547/2013 of the State Commission Kerala) of NCDRC Cases, June 01, 2015 (case 1. Dr. Saramma Cherian and Ors. 2. Dr. Reji Thomas Cherian 3. Dr. Roney Alex Cherian 4. Dr. Roy Koshy Cherian Vs 1. Master Abhijit and Ors. 2. Subhash 3. M.T.M. Hospital 4. Dr. Shamsudeen, Paediatrician5. Mrs. Smitha)
| Judge | For Appellant: Mr. K.N. Madhusoodhanan, Advocate and For Respondents: Mr. N.P. Rakeesh Panikker, Advocate for Mr. Sulfikkar Ali, Advocate |
| President | Mr. J.M. Malik, Presiding Member |
| Resolution Date | June 01, 2015 |
| Issuing Organization | NCDRC Cases |
Order:
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I have heard the counsel for the parties. There is no need to summon the other respondents. The order passed by the State Commission cannot be faulted. Para No. 5 of the impugned order runs as follows:-
"5. The main argument advanced by the learned counsel for the appellants is based on section 2 of KERALA TORTS (MISCELLANEOUS PROVISIONS) ACT, 1976 (ACT NO.8 OF 1977) which reads "Effect of death on certain causes of action, on the death of any person after the commencement of this Act, all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate".
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The previous order was...
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