The Kerala High Court dismissed a motor accident claims appeal filed in 2008 by default, noting the appellant's failure to serve notice on a respondent despite multiple prior court directions.
The appeal was dismissed for default.
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.
MACA.No.815 OF 2008
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
MACA.No.815 OF 2008
AGAINST THE AWARD IN OPMV 835/2003 DATED 28-02-2006 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD
APPELLANTS/PETITIONERS:
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The KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VYDHUDHI BHAVAN,, PATTOM, THIRUVANANTHAPURAM 2 THE ASST. EXECUTIVE ENGINEER ELECTRICAL SUB DIVISION, K.S.E. BOARD, NILESWAR.
BY ADVS. SRI.C.K.KARUNAKARAN, SC FOR KSEB, SC, SRI.P.SANTHALINGAM (SR.) SRI.K.M.SATHYANATHA MENONSCKSEB SRI.S.SHARANSCK.S.E.BOARD
RESPONDENT/RESPONDENTS:
S/O. P.V. KUNCHIKANNAN, CHERAPURAM, PUDUKAI, NILESWAR, HOSDURG TALUK, KASARGODE DISTRICT
2 K.V. RAMANI,D/O. K.V. KANNAN
RESIDING AT RAJITHA NIVAS, COLONY ROAD P.O., THAIKADUPURAM, NILESWAR,HOSDURG TALUK, KASARGODE DISTRICT
3 THE BRANCH MANAGER UNITED INIDA INSURANCE COMPANY LIMITED, BRANCH OFFICE, RAHMATH SHOPPING COMPLEX,, KOTTACHERRY P.O., KASARGODE. R1 BY ADV. SRI.M.M.ANTO R1 BY ADV. SRI.GEORGE MATHEWS R1 BY ADV. SRI.JOHN JOSEPH VETTIKAD
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 15.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA.No.815 OF 2008
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JUDGMENT
Despite the order dated 30.9.2020, the appellant has not taken steps to complete service of notice on the 1st respondent. It is seen from the records that this Court had earlier directed the appellant to take steps on 26.7.2016 which has also not been done. The appeal is of the year 2008. Hence, it is assumed that the appellant is no longer desirous of prosecuting the appeal. The appeal is dismissed for default.
ma/15.10.2020
/True copy/ P.S to Judge
1 issue framed by the court
Whether to dismiss the motor accident claims appeal filed in 2008 due to default in service of notice.
The Kerala State Electricity Board, Rep. by its Secretary
Gangadharan Koolikkan
K.V. Ramani
The Branch Manager, United India Insurance Company Limited
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
