The High Court of Kerala dismissed the motor accident appeals filed by Aboobacker.K. for default, noting the appellant failed to complete service of notice or pay mandated costs despite previous court orders.
The appeals are dismissed for default due to non-prosecution and failure to comply with service of notice and cost orders.
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 971 OF 2010
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.971 OF 2010
AGAINST THE AWARD IN OPMV 294/2005 DATED 26-12-2009 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL ,KASARAGOD
APPELLANT/S:
ABOOBACKER.K. AGED 43 YRS
S/O.ABDUL RAHIMAN, PALAGALLY HOUSE, KOMPANPARA, P.O.KALANAD, KALANAD VILLAGE, KASARAGOD TALUK, KASARAGOD DIST.
BY ADV. SRI.C.K.SREEJITH
RESPONDENT/S:
1 K.KRISHNAN , AGED 47 YRS S/O.KUNDAN THACHAN, MADAYI, PO MADAYI, MADAYI VILLAGE, KANNUR TALUK.
2 MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM.
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 971 OF 2010
C.S.DIAS, J.
======================
MACA No. 971 of 2010
====================== Dated this the 13th day of October, 2020.
JUDGMENT
Despite the order dated 23.9.2020 directing the appellant to take necessary steps to complete service of notice on the respondents 1 and 2, no steps have been taken so far. Similarly, it is seen that this Court had by order dated 24.10.2013 directed the appellant to pay cost of Rs.500/- to the Kerala State Mediation and Conciliation Centre within a period of one week. The same has also not been done by the appellant. Hence, it is assumed that the appellant is not interested in prosecuting the appeal. Therefore, the appeal is dismissed for default.
Sd/-
C.S.DIAS JUDGE
SKS/13.10.2020
Aboobacker.K.
K. Krishnan
Managing Director Kerala State Road Transport Corporation
C.S. Dias
As recorded by the court registry
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