The Kerala High Court dismissed the motor accident claims appeal (MA 803 of 2009) for default, noting the appellant failed to serve notice on a respondent after an order dated 09.11.2021, despite the appeal being filed in 2009.
The appeal is 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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
MACA NO. 803 OF 2009
AGAINST THE AWARD DATED 21.07.2005 IN OPMV 1143/1997 OF THE FIRST ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.
APPELLANT/PETITIONER:
NARAYANAN NAIR, AGED 66 YEARS S/O.KRISHNAN NAIR, CHALADATH HOUSE, THIRUVANGOOR P.O., KOYILANDY (VIA), CHEMMANCHERY AMSOM, THIRUVANGOOR DESOM.
BY ADV SRI.P.R.SREEJITH
RESPONDENTS/RESPONDENTS:
1 O.T.VIJAYAN, S/O VELUKUTTY, LAKSHMI BHAVAN, KOLLAM P.O., KOYILANDI VIA., (RC OWNER OF BUS NO.KL:11/2595)
2 M.P.RAVEENDRAN S/O.KRISHNAN NAIR,, MEETHALA PUTHUSSERY VEEDU, THIRUTHYAD,, BALUSSERY,, (DRIVER OF BUS NO.KL.11/2595).
3 THE ORIENTAL INSURANCE COMPANY LTD. BRANCH OFFICE, SREENITHI BUILDING, SREE NARAYANA NAGAR, VADAKARA, (POLICY NO.441603/328/710/MV 95/RB, SL.NO.70602).
BY ADVS. SRI.RAJESH THOMAS SRI.K.B.SAJEESH
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 803 OF 2009 2
Dated this the 19th day of November, 2021
JUDGMENT
Despite the order dated 09.11.2021, the appellant
has not 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, JUDGE
rmm/19/11/2021
NARAYANAN NAIR
O.T.VIJAYAN
M.P.RAVEENDRAN
THE ORIENTAL INSURANCE COMPANY LTD.
C.S. DIAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
