The High Court of Kerala at Ernakulam, B.S., by a single judge, dismissed a motor accident claim appeal (MACA) filed in 2012 for default. The appellant had failed to proceed with service of notice on the second respondent despite a previous order, indicating a lack of interest in prosecuting the appeal.
Appeal 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.
1
MACA NO. 2222 OF 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943 MACA NO. 2222 OF 2012
AGAINST THE ORDER/JUDGMENT IN OPMV 1753/2009 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL ,KOTTAYAM
APPELLANT/S:
JONY @ P.C. JOHN POOVATHARACHIRA @ POOTHARACHIRA, CHOOLA BHAGOM, VADAKKUMBHAGOM KARA, KUMARAKOM.
BY ADVS. SRI.K.A.HASHIM SRI.M.I.ISMAIL
RESPONDENT/S:
1 ANWAR ARAFA MANZIL, PANDAVAM KARA, AYMANAM VILLAGE, PIN686015. 2 MATHEW K.THOMAS KUZHIYANKALA, PEROOR P.O., ETTUMANOOR, PIN-686637. 3 THE ORIENTAL INSURANCE CO. LTD. DIVISIONAL OFFICE, KOTTAYAM, PIN-686001.
BY ADV SRI.P.JACOB MATHEW
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
MACA NO. 2222 OF 2012
JUDGMENT
Despite the order dated 19.11.2021, the appellant has not taken steps to effect service of notice on the 1st respondent. The appeal is of the year 2012. 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
rkc/11.01.2022
JONY @ P.C. JOHN POOVATHARACHIRA @ POOTHARACHIRA
ANWAR ARAFA MANZIL
MATHEW K.THOMAS
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
