The court dismissed the motor accident claim appeal filed by an injured party seeking enhancement of compensation. The court refused to condone the 159-day delay due to the appellant's failure to pay process fees, omitting to serve notices, and providing unsatisfactory reasons. It upheld the Tribunal's award as just and reasonable.
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 A.K.BASHEER &
THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI
TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932
MACA.No. 199 of 2003() ---------------------OPMV.1206/1994 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD
APPELLANT/PETITIONER
PARVATHY, AGED 29 YEARS, W/O.CHANDRAN AND D/O.LATE NANJAN, RESIDING AT KAVILUR HOUSE, OLD KOTHAGIRI ROAD, ARAVENU P.O., NILGIRIS DISTRICT.
BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.JACOB SEBASTIAN
RESPONDENT(S): RESPONDENTS
THE NAMES OF R1, R2, R4 AND R5 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER THE ORDER DATED 16.12.2003 ON IA 2900/03 IN MACA 199/03.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K. BASHEER & P.Q. BARKATH ALI, JJ.
C.M.Appln. 303 of 2003 and M.A.C.A. 199 of 2003
Dated: JUNE 1, 2010
JUDGMENT
Basheer, J.
This appeal by the injured in a motor accident was filed way back in July 2003 seeking enhancement of compensation. The appeal was accompanied by a petition to condone the delay of 159 days in filing the appeal. Notice was ordered on the delay petition on July 14, 2003. The endorsement by the Registry will reveal that despite several chances given to the appellant, she did not pay the process to serve notice on the respondents. In December 2003 an application was filed to delete respondents 1, 2, 4 and 5 from the party array. The said application was allowed by the court. In spite of this, the appellant did not take any steps to serve notice on respondents 3 and 6. The records further reveal that on several occasions the case was posted before the Joint Registrar noticing this defect. On none of the occasions the appellant did bother to appear before the Registry.
C.M.Appln. 303 of 2003 and M.A.C.A. 199 of 2003 2
date.
A.K. BASHEER, JUDGE
P.Q. BARKATH ALI, JUDGE
mt/-
2 issues framed by the court
Whether to condone the delay of 159 days in filing the motor accident claim appeal.
Whether the learned Tribunal awarded just and reasonable compensation or if enhancement was warranted.
PARVATHY
UNITED INDIA INSURANCE CO. LTD.
A.K. BASHEER
P.Q. BARKATH ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
