Dismissed

Jayachandran v. M.R.Binu

Kerala HC16 Nov 2022MACA/2047/2015

Case brief

AI extract

What is this about?

The High Court at Ernakulam dismissed a motor accident claim appeal filed by Jayachandran. Despite multiple opportunities granted to cure defects and file a petition to delete respondents, the appellant failed to take necessary steps, resulting in the default dismissal of the appeal.

What did the court decide?

The appeal was dismissed for default as the appellant failed to take steps to cure defects.

Jayachandran Vs M.R.Binu — Motor Accident Claims | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2022 / 25TH KARTHIKA,

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1944

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MACA NO. 2047 OF 2015

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AGAINST THE ORDER/JUDGMENTOPMV 1770/2006 OF ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL , ALAPPUZHA

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APPELLANT/S:

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JAYACHANDRAN, AGED 50 YEARS
S/O,NARAYANAKURUP, HIMASAILAM, THALAVADY
PANCHAYATH, WARD NO.4, KUTTANADU TALUK, ALAPPUZHA
DISTRICT.
BY ADVS.
SRI.J.OM PRAKASH
SRI.T.G.MANOJ
SRI.T.G.SANTHOSH

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RESPONDENT/S:

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1 M.R.BINU, S/O.JOHN, MELEMANJAPALLIL, KIZHAKAN MUTHOOR, THIRUVALLA.

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2 REJIKUMAR V.S., S/O.SREEDHARAN, PANDISSEIAL, KIZHAKAN MUTHOOR, THIRUVALLA.

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3 ORIENTAL INSURANCE CO. LTD. REPRESENTED BY ITS MANAGER, ALAPPUZHA. BY ADV SRI.R.AJITH KUMAR 12884

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OTHER PRESENT:

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SMT.K.S.SANTHI, SC

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 16.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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-2-

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M.A.C.A. No. 2047 of 2015

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P.V.KUNHIKRISHNAN, J.

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M.A.C.A. No. 2047 of 2015

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Dated this the 16^th day of November, 2022

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JUDGMENT

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When this appeal came up in the defect list on 16.09.2022

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this Court passed the following order:

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“The counsel for the appellant submitted that he will file a petition to delete respondents 1 and 2. Necessary steps shall be taken within ten days. If no steps are taken, Registry will post the matter in the defect list after ten days.”

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Thereafter, it was listed on 14.10.2022. On that day,

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this Court passed the following order:

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“It is submitted that there is change of vakalat for the appellant. Appellant will take steps within two weeks. If no steps are taken, Registry will post it in the defect list after two weeks.”

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Again time was given and posted the appeal on

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02.11.2022 and this Court passed the following order on that

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day:

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-3-

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M.A.C.A. No. 2047 of 2015

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“Appellant will take steps to cure the defect within two weeks. If no steps are taken, Registry will post the appeal in the defect list after two weeks.”

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Even now, no steps are taken. Therefore, this appeal is

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dismissed for default.

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SD/-

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P.V.KUNHIKRISHNAN

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JUDGE

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das

Jayachandran v. M.R.Binu

Case brief

What is this about?

What did the court decide?

Jayachandran v. M.R.Binu

Case brief

What is this about?

What did the court decide?

What the court decided

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