The High Court of Kerala dismissed an appeal and a compromise settlement petition as barred by limitation. The appeal failed because the petitioner did not take steps to issue notice to the second respondent despite specific directions, and the C.M.P. was dismissed for non-prosecution regarding condonation of delay.
Appeal and C.M.P. dismissed as barred by limitation.
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 MR. JUSTICE K.PADMANABHAN NAIR
MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929
MFA.No. 1208 of 2000(A)
----------------------OPMV.880/1995 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM
APPELLANT:
----------------PUMAKUTTY W/O ALAVI,AGED 45 YEARS VADAKKEDATH VALAPPIL HOUSE, CHITTAPURAM, PATTITHARA P.O.CHEVAYOOR THRITHALA VIA, PALAKKAD
BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR SRI.K.P.THANGA KOYATHANGAL
RESPONDENTS:
--------------------1.V.P.MOHAMMED BASHEER, S/O V.P.MOIDUTTY VETTUPARAMBIL HOUSE THRITHALA POST, PALAKKAD PIN- 679 534
2. AKBAL ALI, S/O T.K. MOIDUNNI TACHARAKUNNATH HOUSE THRITHALA POST, PALAKKAD
3. THE NEW INDIA INSURANCE COMPANY LIMITED KUNNAMKULAM, THRISSUR DISTRICT
BY ADV. SRI.A.C.DEVY
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 09/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.PADMANABHAN NAIR, J
------------------------------------------
C.M.P. No.6952 of 2000 in M.F.A. No. 1208 of 2000
----------------------------------------Dated this the 9th day of July, 2007
ORDER
In spite of specific direction to take steps, no steps taken to issue notice to R2 . So this application so far as it relates to 2nd respondent is dismissed for non- prosecution The award was passed against respondents 1 and 2. So without 2nd respondent also in the party array, no effective order can be passed. So this petition to condone the delay is only to be dismissed.
In the result the C.M.P is dismissed.
K.PADMANABHAN NAIR,JUDGE
es
K.PADMANABHAN NAIR, J
------------------------------------------
M.F.A. No. 1208 of 2000
Dated this the 9th day of July, 2007
JUDGMENT
Today, I have dismissed the petition filed by the petitioner to condone the delay in filing this M.F.A. So this appeal is barred by limitation
In the result, the appeal is dismissed as barred by limitation
K.PADMANABHAN NAIR,JUDGE
es
2 issues framed by the court
Whether the first appeal against the Motor Accident Claims Tribunal award is barred by limitation.
Whether the C.M.P. petition seeking condonation of delay should be allowed.
Pumakutty W/O Alavi
V.P. Mohammed Basheer
Akbali Ali
The New India Insurance Company Limited
K. Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
