High Court at Ernakulam, on appeal from the Motor Accidents Claims Tribunal, noted that the underlying Original Petition had been disposed of with a final award, rendering the appeal infructuous despite a delay petition. The Court dismissed the delay petition, C.M. Application, and the appeal.
C.M. Application and the appeal were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
FRIDAY, THE 1ST DECEMBER 2006 / 10TH AGRAHAYANA 1928
MACA.No. 276 of 2003()
---------------------AGAINST THE ORDER DATED 31/08/2002 IN IA. 308 /2002 IN OPMV.614/2001 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD
APPELLANT/3RD RESPONDENT:
NATIONAL INSURANCE COMPANY LTD., REP. BY ITS DEPUTY MANAGER, KOCHI REGIONAL OFFICE T.P. CELL, M.G.ROAD, ERNAKULAM.
BY ADV. SRI.P.R.RAMACHANDRA MENON
RESPONDENTS: CLAIMANTS 1 & 2 & RESPONDENTS 1 & 2 RESPECTIVELY:
BY ADV. SRI.SURESH KUMAR KODOTH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
---------------------------------C.M.APPL. 416 OF 2003 IN
M.A.C.A.NO. 276 OF 2003
---------------------------------
Dated this the 1st day of December, 2006
JUDGMENT
This appeal is filed challenging an interim award passed under Section 140 of the Motor Vehicles Act. The appeal is delayed and hence a petition for condonation of delay is also filed. Learned counsel for the appellant submitted that the Original Petition itself is disposed of and a final award is passed which is challenged before this Court. Hence the matter has become infructuous. These submissions are recorded and C.M.Application and the appeal are dismissed.
K.HEMA, JUDGE
vgs.
3 issues framed by the court
Whether a delayed appeal challenging an interim award under Section 140 of the Motor Vehicles Act, where the original petition is now disposed of, is maintainable.
Whether the matter has become infructuous since the Original Petition has been disposed of and a final award passed.
Whether a C.M. Application and Appeal challenging an award should be dismissed upon the record showing the appeal is delayed and the matter infructuous.
1 provisions across 1 enactments
NATIONAL INSURANCE COMPANY LTD.
KINA NAIK
ANASOOYA BAI
ABDUL HAMEED
D.JAGADEESHA
K.HEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
