The High Court at Ernakulam, in MACA No. 440 of 2011, dismissed the motor accident appeal for default as it stood undervalued and undecided for several years after the appellant failed to serve the appeal memo despite a positive court order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943
MACA NO. 440 OF 2011
AGAINST THE AWARD IN OPMV 684/2006 DATED 31.07.2010 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI
APPELLANT/PETITIONER:
K.BALAN, S/O.KUTTAN
KALATHIL HOUSE, THONIKKARA KALATHIL COLONY,, THIRURKKAD
P.O., MALAPPURAM DISTRICT.
BY ADVS.
SRI.PHILIP J.VETTICKATTU
SMT.ANEY PAUL
RESPONDENTS/RESPONDENTS:
1E.THANGAPANDIYAN, S/O.ERILANDI
S/O.V.ERILANDI ST.MARAIYUR,, THIRUCHALI T.K.,
VIRUTHUNAGAR DISTRICT,, TAMILNADU, PIN-626001.
VIRUTHUNAGAR P.O.
2 A.RAMESH SO.APPASWAMY2/12-338, KAMARAJ NAGAR, 15TH STREET,, PARAMAKUNCHI P.O.,
RAMANATHAPURAM DISTRICT,, TAMILNADU STATE, PIN-623707.
3NATIONAL INSURANCE CO. LTD.
BRANCH OFFICE, 175-A, GREAT COTTON ROAD,, TUTICORIN,
TAMIL NADU STATE, PIN-628001.
*THE 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT
THE RISK OF THE APPELLANT AS PER ORDER DATED 13.11.17 IN
I.A.NO.4159/2017 IN MACA NO.440/11.
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION
ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MACA NO. 440 OF 2011
JUDGMENT
Despite the order dated 17.01.2022, the appellant has not served a copy of the memorandum of appeal on Sri. Lal George and filed a memo to the effect. The appeal is of the year 2011. It is assumed that the appellant is no longer interested to prosecute the appeal.
Accordingly, the appeal is dismissed for default.
Sd/-
C.S.DIAS
JUDGE
uu
24.01.2022
K. BALAN
E. THANGAPANDIYAN
C.S. DIAS
As recorded by the court registry
2 orders share this CNR
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