The Kerala High Court dismissed a Motor Accident Claims appeal (MACA No. 198 of 2011) arising from an order of the Motor Accident Claims Tribunal Vadakara, as the appellant failed to effect service of notice despite an order dated 31.03.2021.
None granted; appeal dismissed for default due to failure to effect service of notice.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
MACA NO. 198 OF 2011
AGAINST THE ORDER/JUDGMENT IN OPMV 779/2005 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA, KOZHIKODE
APPELLANT/PETITIONER:
NOUFAL, S/O MUHAMMED KOYILOTH HOUSE, NANDAPURAM AMSOM, KUMMANGODE DESOM, P.O.-NADAPURAM, KOZHIKODE DISTRICT.
BY ADVS. SRI.C.VALSALAN SMT.THUSHARA.V
RESPONDENTS/RESPONDENTS:
1 K.AYSHA, W/O ABDURAHIMAN,KOYILARATH HOUSE, P.O.NADAPURAM, VATAKARA. KOZHIKODE DIST.
2 P.K.SUBAIR SO. POCKER PUTHUKKUDI HOUSE, NADAPURAM AMSOM,, KUMMANGODE DESOM, NADAPURAM.P.O., VATAKARA,, KOZHIKODE DISTRICT.
3 THE UNITED INDIA INSURANCE CO.LTD. P.B.NO.17, KALLINGAL BUILDING, MAIN ROAD,, VATAKARA, PIN-673101. KOZHIKODE DISTRICT., (POLICE CERTIFICATE NO.100305/31/03/04193)
BY ADV SRI.RAJAN P.KALIYATH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 198 OF 2011 2
Dated this the 7th day of September, 2021
JUDGMENT
Despite the order dated 31.03.2021, the appellant has not taken steps to effect service of notice on respondents 1 and 2. The appeal is of the year 2011. 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, JUDGE
rmm
Noufal
K.aysha
P.k.subair
The United India Insurance Co.Ltd.
C.s.dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
