The appeal drawn to challenge the judgment of the Motor Accident Claims Tribunal was dismissed for default as the appellant failed to take steps to effect service of notice on the first respondent by paper publication despite a prior court order, leading the court to presume the appellant was no longer desirous of prosecuting the appeal.
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MACA NO. 212 OF 2009
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
MACA NO. 212 OF 2009
AGAINST THE JUDGMENT IN OP(MV) 988/2000 OF II ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/CLAIMANT:
K.HARSHA (MINOR), AGED 14 YEARS,
KANNAN CHALIL THAZHAM, P.O. KOTTOOLI, KOZHIKKODE16,REP.BY THE NATURAL,GUARDIAN AND FATHER SASIKUMAR.
BY ADV SMT.K.V.RESHMI
RESPONDENTS/RESPONDENTS:
1 T.GANESAN, S/O.GOPALAKRISHNAN NO.174/B, SATHYAMOORTHI NAGAR, PANAMPARI, CADDALORE, THIRUNELVELY DISTRICT,TAMIL NADU (R.C.OWNER OF, VEHICLE NO.TN 31-9742)
BY ADV SRI.A.C.DEVY
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 212 OF 2009
2
JUDGMENT
Despite the order dated 29.3.2021, the appellant has not taken steps to effect service of notice on the 1st respondent by paper publication as ordered by this Court in I.A No.1 of 2021. The appeal is of the year 2009. It is presumed that the appellant is no longer desirous of prosecuting the appeal. Hence, the appeal is dismissed for default.
ma/08/09/2021
Sd/- C.S.DIAS, JUDGE
/True copy/
K.HARSHA (MINOR), AGED 14 YEARS, KANNAN CHALIL THAZHAM
T.GANESAN
BINOY.K.T.SO.THOMASKOCHUPLAKKAL HOUSE ASARIKKAL
THE NEW INDIA ASSURANCE CO.LTD
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
