Dismissed
Narayanan N. v. M.Ashok Kumar
Kerala HCMACA/1367/2006
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940
MACA.No. 1367 of 2006 & C.M.Application No.1480 of 2006
AGAINST THE AWARD IN OPMV 237/1999 of M.A.C.T., THALASSERY DATED 12-05-2005
APPELLANT/S:
1 NARAYANAN N.,S/O.NADAR, 61 YEARS, RESIDING AT MANGODE, CHARAVILAYIL, THIKKANAMKODE P.O., K.K.DISTRICT, TAMIL NADU.
2 BAGHYAVATHI WO. N.NARAYANAN 56 YRS, -DO- -DO-
3 SARADA DO. N.NARAYANAN 41 YRS, -DO- -DO4 SAROJA DO. N.NARAYANAN 39 YRS, -DO- -DO-
5 JAYACHANDRAN SO. N.NARAYANAN 37 YRS, -DO- -DO6 MANOHARAN SO. N.NARAYANAN 35 YRS, -DO- -DO7 MAHENDRAN SO. N.NARAYANAN 31 YRS, -DO- -DO-
BY ADVS. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU
RESPONDENT/S:
1 M.ASHOK KUMAR, S/O.NARAYANA MOILY, 37 YEARS, DURGA PRASAD HOUSE, NEAR S.V.TEMPLE, MANNAMPPADY, MULKY P.O., SOUTH KANNADA, KARNATAKA. 2 ORIENTAL INSURANCE CO. LTD. KANNUR. BY ADV. SRI.N.S.NAJEEB
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.1367/2006
2
JUDGMENT
Dismissal of the claim petition filed before the
Tribunal for not proving the negligence on the part of the 1st respondent in a claim petition preferred under Section 166 of the Motor Vehicles Act is subjected to challenge in this appeal preferred by the claimants, who are the legal heirs of the deceased rider of the motorcycle.
his death and in turn, the claim petition preferred by the legal heirs.
consists of only Exts.A1 to A3 produced from the part of
the claimants and B1 and B2 from the part of the
M.A.C.A.1367/2006 3
respondent Insurance Company. The alleged accident was
specifically disputed from the part of the respondent/insurer, also with reference to the police records. The police investigation revealed that the negligence was exclusively on the part of the deceased, who was riding the motorcycle, though the charge came to be abated, pursuant to his death. Based on the available materials, the Tribunal held that the accident was only due to the fault of the deceased himself and it was accordingly, that the claim petition was dismissed.
condone the delay of 272 days in filing the appeal,
notice was ordered on 17.08.2006. The notice sent to the 1st respondent was returned, stating that he was no more.
On posting the matter before the Registry on 23.12.2010,
two week's time was sought for by the appellants to take necessary steps. No such steps have been taken so far.
that no instructions are forthcoming. The fact remains
that the appeal stands abated as against the 1st respondent, against whom negligence is attributed by the
M.A.C.A.1367/2006 4
claimants. This court does not find any reason to interdict the award passed by the Tribunal. Both the C.M.Application and the appeal stand dismissed, as
abated.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
DG
3 issues framed by the court
Whether the Motor Accident Claim Appeal can be maintained when the appellants failed to take steps after the notice returned due to the death of the primary respondent attributed with negligence.
Whether the appeal stands abated due to the death of the respondent against whom negligence is alleged without proper steps taken to substitute or manage the cause to proceed.
Whether the High Court should interdict the Tribunal award dismissing the claim for failure to prove negligence on the part of the driver.
NARAYANAN N. AND OTHERS
M.ASHOK KUMAR
ORIENTAL INSURANCE CO. LTD.
P.R. RAMACHANDRA MENON
As recorded by the court registry
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