The High Court of Kerala dismissed Motor Accident Claim Appeal MA 1530 of 2009 for default, as the appellant failed to prosecute after notice summons and was deemed no longer desirous of pursuing the appeal.
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. 1530 OF 2009
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
MACA NO. 1530 OF 2009
AGAINST THE ORDER/JUDGMENT IN OP(MV) 726/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE, KOZHIKODE
APPELLANT/CLAIMANT:
KUNHI CHEKKINI, AGED 50 YEARS, SON OF KANARAN, KULAMMULA PARAMBIL HOUSE, MENHANIAM P.O., PERAMBRA, KOZHIKODE.
BY ADV SRI.M.P.MOHAMMED ASLAM
RESPONDENTS/RESPONDENTS:
1 MOHAMMED SAJID, S/O.IBRAHIM, USVATH MANZIL HOUSE, CHENNAMANGALLUR.P.O., MUKKAM, KOZHIKODE DIST.
2 THE ORIENTAL INSURANCE CO. LTD. CHEROOTTY ROAD BRANCH, KOZHIKODE.
BY ADV SRI.M.JACOB MURICKAN
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 1530 OF 2009
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JUDGMENT
Despite the Registry issuing notice to the appellant as directed by this Court on 30.3.2021, the appellant has not engaged any other counsel and taken steps to effect service of notice on the 1st respondent. The appeal is of the year 2009. It is assumed that the appellant is no longer desirous of prosecuting the appeal. Hence the appeal is dismissed for default.
Sd/C.S.DIAS ma/09.11.2021 JUDGE
/True copy/
KUNHI CHEKKINI
MOHAMMED SAJID
THE ORIENTAL INSURANCE CO. LTD.
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
