The High Court of Kerala, on a petition to withdraw an earlier original petition before the Motor Accidents Claims Tribunal, dismissed the current Motion as withdrawn without resolving the substantive quantum claim.
The OP(MAC) petition is dismissed as withdrawn.
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 MURALI PURUSHOTHAMAN
TUESDAY, THE 8TH DAY OF AUGUST 2023 / 17TH SRAVANA, 1945
OP (MAC) NO. 5 OF 2023
AGAINST THE ORDER DATED 07.05.2022 IN E.P NO.189 OF 2021
IN OP(MV) 966/2009 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,
IRINJALAKUDA
PETITIONER/JUDGMENT DEBTOR/RESPONDENT:
NASEEM ABDUL KHADER,
AGED 61 YEARS
D/O. KOCHU MOIDEEN,
KARUKAPADATH HOUSE,
PUTHEN VEEDU, ERIYAD P.O,
KODUNGALLUR, THRISSUR DISTRICT,
PIN – 680 666.
BY ADVS.
K.JAGADEESH
V.RENJU
RESPONDENT/DECREE HOLDER/PETITIONER:
PRASAD,
S/O. KRISHNANKUTTY,
NATTUVALLI HOUSE, MADAIKONAM P. O.,
MAPRANAM, THRISSUR DISTRICT,
PIN – 680 712.
BY ADVS.
A.R.NIMOD
M.A.AUGUSTINE
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (MAC) NO.5 OF 2023
2
JUDGMENT
The petitioner seeks permission to withdraw the
original petition. Accordingly, the OP(MAC) is dismissed as withdrawn.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
OP (MAC) NO.5 OF 2023
3
APPENDIX
PETITIONER’S EXHIBITS:-
EXHIBIT P1TRUE PHOTOSTAT COPY OF THE AWARD IN
O.P.(MV) NO.966 OF 2009 OF THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL, THRISSUR
DATED 25-05-2017.
EXHIBIT P2TRUE PHOTOSTAT COPY OF THE JUDGMENT OF
THE HONOURBLE HIGH COURT OF KERALA IN
MACA NO.3793 OF 2017 DATED 29-07-2019.
EXHIBIT P3TRUE PHOTOSTAT COPY OF THE E.P.NO.189
OF 2021 IN O.P.(MV) NO.966 OF 2009 OF
THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THRISSUR DATED 03-08-2021.
EXHIBIT P3(a)ENGLISH TRANSLATION OF EXT.P.3
EXHIBIT P4TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER BEFORE THE MOTOR
ACCIDENTS CLAIMS TRIBUNAL, IRINJALAKUDA
IN E.P.NO.189 OF 2021 IN OP(MV) NO.966
OF 2009 SUBMITTED ON 07-12-2021.
EXHIBIT P4(a)ENGLISH TRANSLATION OF EXT.P4.
EXHIBIT P5PHOTOSTAT COPY OF THE ORDER OF THE
MOTOR ACCIDENTS CLAIMS TRIBUNAL,
IRINJALAKUDA IN E.P.NO.189 OF 2021 IN
OP(MV) NO.966 OF 2009 DATED 07-05-2022.
RESPONDENTS EXHIBITS: NIL.
NASEEM ABDUL KHADER
PRASAD
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court