The Kerala High Court dismissed Motor Accident Claims Appeal No. 1979 of 2010 for default. The appellant had previously relinquished the case and failed to appear. Notices were returned undelivered.
The appeal was 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. JAYACHANDRAN
MONDAY, THE 6TH DAY OF MARCH 2023 / 15TH PHALGUNA, 1944
MACA NO. 1979 OF 2010
AGAINST THE AWARD IN OPMV 676/2006 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL VADAKARA
APPELLANT/CLAIMANT:
PULIKUZHIYIL ABDUL GAFOOR
PALOTTIL HOUSE, TRIPPANACHI.P.O., KUZHIMANNA VIA.
ADV ALEXANDER GEORGE
RESPONDENTS/RESPONDENTS:
1 SULAIMAN HAJI, KURIKKAL HOUSE ANAKKAYAM.P.O., MANJERI (DRIVER)-676 503
PANDIKKAD.P.O., (OWNER)-676 503
BY ADV SRI.VPK.PANICKER
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 06.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.1979/2010
2
C.JAYACHANDRAN, J
M.A.C.A.No.1979 of 2010
Dated this the 6th day of March, 2023
J U D G M E N T
As early as on 08.11.2019, a learned Single
Judge recorded that the counsel for the appellant
had relinquished the vakkalath. Thereafter on
several postings, there was no representation for
the appellant. On 17.06.2022, this Court, by
separate order again directed issuance of notice to the appellant by speed post. The same was returned stating 'no such person in the address'. Further, this Court by order dated 15.07.2022 directed issuance of notice to the appellant in the address shown in the impugned order. The same was sent, as per the input from the Registry, on 09.07.2022,
which has not been returned till this date. Today
also, when the matter was taken up for hearing,
there is no representation for the appellant.
M.A.C.A.1979/2010
3
In the circumstance, the appeal will stand
dismissed for default.
SD/-
C.JAYACHANDRAN
JUDGE
Sbna/
2 issues framed by the court
Whether the Motor Accident Claims Appeal No. 1979 of 2010 can be dismissed due to absence of representation by the appellant?
What is the consequence of the returned service of notice to the appellant?
1 provisions across 1 enactments
Pulikuzhiyil Abdul Gafoor
Sulaiman Haji
E. Mohammed
Oriental Insurance Co. Ltd.
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
