The appellate court dismissed the motor accident claims appeal for default. The appellant (insurance company) failed to trace and implead the legal heirs of the first respondent (registered owner) within the prescribed time, as directed by the court below.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 3RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944
MACA NO. 338 OF 2009
AGAINST THE AWARD IN OPMV 884/2003 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL, NEYYATTINKARA
APPELLANT/3RD RESPONDENT:
THE ORIENTAL INSURANCE CO. LTD. THIRUVANANTHAPURAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE,, ERNAKULAM NORTH,
KOCHI-18.
BY ADVS. SRI.GEORGE CHERIAN (THIRUVALLA) GEORGE A.CHERIAN
RESPONDENTS/RESPONDENTS 1 AND 2:
1 P.DIVAKARAN ONAMCODE KARIKKAKAMTHALA, MELEPUTHAN VEEDU, THANNIMOODU, NEYYATTINKARA.
2 SURESH KUMAR S/O KRISHNA PANICKER, KUZHIVILAKATHU VEEDU, PAYATTUVILA P.O., KOTTUKAL, NEYYATTINKARA.
ADV.PREETHY R.NAIR, (ADVOCATE BY COURT ORDER)
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
M.A.C.A.338/2009
2
C.JAYACHANDRAN, J
M.A.C.A.No.338 of 2009
Dated this the 3rd day of March, 2023
J U D G M E N T
This appeal is preferred by the insurance
company seeking recovery of compensation amount from
the registered owner of the offending vehicle.
2. The first respondent/owner was reported no more
and the appellant was granted enough time to implead
his legal heirs. This Court, by order dated
02.12.2022, specifically directed the appellant to take steps.
3. Today, when the matter is taken up for
consideration, learned counsel for the appellant submitted that, despite best efforts, the details of
the legal heirs of the first respondent could not be
M.A.C.A.338/2009
traced out. In the circumstance, this appeal will stand dismissed for default, on account of the failure to take steps to implead the legal heirs of the first respondent.
Sd/-
C.JAYACHANDRAN JUDGE
Sbna/
1 issue framed by the court
Whether the motor accident claims appeal should be dismissed for default due to failure to implead legal heirs of the deceased owner?
THE ORIENTAL INSURANCE CO. LTD.
P.DIVAKARAN
SURESH KUMAR S/O KRISHNA PANICKER
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
