The court dismissed a motor accident claims appeal from 2008 for default due to failure to take service steps on a respondent despite multiple orders, presuming the appellant lost interest in prosecuting.
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.
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MACA 1173 OF 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942
MACA.No.1173 OF 2008
AGAINST THE AWARD IN OPMV 1284/2002 DATED 13-03-2007 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL ,THRISSUR
APPELLANT/S:
T.K.GANGADHARAN, S/O.KITTAPPAN
RESIDING AT THAIKKALAPRAMBIL HOUSE,, MURIYAMTHODE DESOM, P.O.VALAPPAD,, THRISSUR DISTRICT.
BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.JIBU P THOMAS
RESPONDENT/S:
3 THE NEW INDIA ASSURANCE COMPANY LTD. S.S.N. SHOPPING COMPLEX, TEMPLE ROAD,, THRIPRAYAR, P.O., NATTIKA, THRISSUR DISTRICT.
R3 BY ADV. SRI.LAL GEORGE
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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MACA 1173 OF 2008
C.S.DIAS, J.
======================
MACA No. 1173 of 2008
====================== Dated this the 13th day of October, 2020.
JUDGMENT
Despite the orders dated 13.12.2019 and 23.9.2020, no steps have been taken to serve notice on the first respondent. The appeal is of the year 2008. Hence, it is presumed that the appellant is no longer desirous of prosecuting the appeal. Therefore, the appeal is dismissed for default.
Sd/-
C.S.DIAS
Sks/13.10.2020
JUDGE
T.K. GANGADHARAN
SONYA BAPU
BALAKRISHNAN
THE NEW INDIA ASSURANCE COMPANY LTD.
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
