Usha v. Jose @ Jossa
Case brief
What is this about?
The High Court set aside an order by the Motor Accidents Claims Tribunal that refused an interim prayer for payment under Section 140 of the Motor Vehicles Act without reasons. The matter was remanded to the Tribunal for fresh consideration.
What did the court decide?
The impugned order refusing interim relief under Section 140 is set aside; the application is remanded to the Tribunal for fresh consideration.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
TUESDAY, THE 29TH DAY OF OCTOBER 2013/7TH KARTHIKA, 1935
MACA.No. 1854 of 2013 (A)
AGAINST THE AWARD IN OPMV 703/2012 of MACT, IRINJALAKUDA, DATED 29-07-2013.
APPELLANT(S)/PETITIONERS:
1. USHA, AGED 46 YEARS W/O.THILAKAN, CHEELIKKATTIL HOUSE, P O KODUNGALLUR LOKAMALESWARAM VILLAGE, THRISSUR DIST
2. SHITHA, AGED 19 YEARS D/O.THILAKAN, CHEELIKKATTIL HOUSE, P O KODUNGALLUR LOKAMALESWARAM VILLAGE, THRISSUR DIST
3. MINOR VISHNU, AGED 16 YEARS S/O.THILAKAN, CHEELIKKATTIL HOUSE, P O KODUNGALLUR LOKAMALESWARAM VILLAGE, THRISSUR DIST REP BY MOTHER USHA
Issues for consideration
2 issues framed by the court
Whether the Tribunal correctly exercised its jurisdiction in refusing an application for interim relief under Section 140 of the Motor Vehicles Act without giving reasons.
Whether the order refusing interim relief is against the legislative intention of Section 140 of the Motor Vehicles Act.
Parties & counsel
- appellant
Usha
- appellant
Shitha
- appellant
Vishnu
- respondent
Jose @ Jossa
- respondent
Sudheesh Kumar
- respondent
Case details
As recorded by the court registry
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