Disposed

Smitha Sanal, v. Paul Fernandas

Kerala HC7 Dec 2023OP (MAC)/63/2023

Case brief

AI extract

What is this about?

This order admits an original petition where the petitioner, aggrieved by the closure of evidence, sought another opportunity to adduce testimony due to medical emergency. The court granted a single extension to appear on 14.12.2023 to testify, allowing cross-examination thereafter, and warned that failure to appear would bar further adjournment.

What did the court decide?

Petitioner granted one more opportunity to appear before MACT on 14.12.2023 to adduce evidence; failure to appear will bar further extensions.

Smitha Sanal, Vs Paul Fernandas — Motor Accident Claims | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

THURSDAY, THE 7TH DAY OF DECEMBER 2023 / 16TH AGRAHAYANA, 1945

¶5

OP (MAC) NO. 63 OF 2023

¶6

AGAINST THE ORDER/JUDGMENT OPMV 225/2019 OF ADDITIONAL DISTRICT
COURT & MOTOR ACCIDENT CLAIMS TRIBUNAL , NORTH PARAVUR

¶7

PETITIONER/S:

¶8

SMITHA SANAL,
AGED 47 YEARS
W/O. SANAL, HOUSE NO. 8/76, ANJUTHYKKAL HOUSE,
PUTHUVYPE P.O, VYPIN, ERNAKULAM, PIN - 682508
BY ADV AMRIN FATHIMA

¶9

RESPONDENT/S:

¶10

1 PAUL FERNANDAS, AGED 59 YEARS

¶11

S/O. LOWRENCE, KANDATHIPARAMBIL HOUSE, PUTHUVYPE P.O., ERNAKULAM, PIN - 682508

¶12

2 ABHISHEK SANAL, AGED 19 YEARS

¶13

S/O. SANAL, HOUSE NO. 8/76, ANJUTHYKKAL HOUSE, PUTHUVYPE P.O, VYPIN, ERNAKULAM, PIN - 682058

¶14

3 UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, JOYS BUILDING, M.G. ROAD, PADMA JUNCTION, ERNAKULAM REPRESENTED THROUGH ITS BRANCH MANAGER, PIN - 682016 BY ADV. P.K MANOJ KUMAR;SC

¶15

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.12.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

Op(MAC) No.63 of 2023

¶17

¶18

JUDGMENT

¶19

Dated this the 7^th day of December, 2023

¶20

1.This OP(MAC) has been filed aggrieved by the closing of the evidence of the petitioner, who is the 1^st respondent in the OPMV No.225/2019 before the Additional District Court & Motor Accident Claims Tribunal, North Paravur.

¶21

2.Learned counsel for the petitioner submitted that on 18.03.2023, the petitioner could not remain present before the MACT due to a medical emergency as her husband is suffering from cancer. The petitioner’s evidence is of atmost importance for taking decision in the OPMV and the petitioner will be granted one more opportunity to tender her evidence in the OPMV.

¶22

3.Despite service of notice, no one has appeared on behalf of the claimant, Mr. Paul Fernandas. Learned counsel for the 3^rd respondent is present and she does not raised any objection for granting one more opportunity to the petitioner to appear before the MACT and adduce the evidence.

¶23

4.Considering the said facts and circumstances of the case, the original petition is disposed of, directing the petitioner to appear before the MACT on 14.12.2023 along with this order, for giving the evidence. If the petitioner fails to appear on 14.12.2023, no further

¶24

Op(MAC) No.63 of 2023

¶25

¶26

opportunity shall be granted to the petitioner and the MACT would be at liberty to proceed with the decision of the OPMV. If the petitioner appears on 14.12.2023 and tender her evidence, the claimant as well as the insurance company would be at liberty to cross examine the petitioner.

¶27

The original petition is disposed of accordingly.

¶28

Sd/-

¶29

DINESH KUMAR SINGH JUDGE

¶30

¶31

Op(MAC) No.63 of 2023

¶32

¶33

APPENDIX OF OP (MAC) 63/2023

¶34

`PETITION`	`ER EXHI`	`BITS`
`Exhibit`	`P1`	`A TRUE COPY OF THE CLAIM PETITION IN` `O.P(MV) NO. 255/2019 FILED BY THE 1ST` `RESPONDENT BEFORE THE HON'BLE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR`
`Exhibit`	`P2`	`A TRUE COPY OF THE WRITTEN STATEMENT FILED` `BY THE PETITIONER AND THE 2ND RESPONDENT` `IN O.P(MV) NO. 225/2019 BEFORE THE HON'BLE` `MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH` `PARAVUR`
`Exhibit`	`P3`	`A TRUE COPY OF THE AWARD DATED 07/02/2020` `IN O.P(MV) NO. 225/2019 OF THE HON'BLE` `MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH` `PARAVUR`
`Exhibit`	`P4`	`A TRUE COPY OF THE JUDGMENT DATED` `20/08/2020 IN MACA NO. 781/2020 OF THIS` `HON'BLE COURT`
`Exhibit`	`P5`	`A TRUE COPY OF THE I.A. NO. 4/2020 IN O.P.` `(MV) NO. 225/2019 OF THE HON'BLE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR` `FILED BY THE PETITIONER AND 2ND RESPONDENT`
`Exhibit`	`P6`	`A TRUE COPY OF THE I.A. NO. 5/2023 IN O.P.` `(MV) NO. 225/2019 OF THE HON'BLE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, NORTH PARAVUR` `FILED BY THE PETITIONER AND 2ND RESPONDENT`
`Exhibit`	`P7`	`A TRUE COPY PROCEEDINGS DATED 08/03/2023` `IN O.P.(MV) NO. 225/2019 OF THE HON'BLE` `MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH` `PARAVUR`
`Exhibit`	`P8`	`A TRUE COPY PROCEEDINGS DATED 10/03/2023` `IN O.P.(MV) NO. 225/2019 OF THE HON'BLE` `MOTOR ACCIDENTS CLAIMS TRIBUNAL, NORTH` `PARAVUR`

Smitha Sanal, v. Paul Fernandas

Case brief

What is this about?

What did the court decide?

Smitha Sanal, v. Paul Fernandas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Rehaboth Indian Gypsy New Life Trust Vs Union of India

Sri Mamanikunnu Mahadevi Templ,E, Vs Income Tax Officer

Sri Mamanikkunnu Mahadevi Temple, Vs Income Tax Officer

Remitha Manoj Vs M/S.Tata Capital Finance Service Ltd.

Fins Engineers and Contractors (P) Ltd., Vs Superintendent

Sujeesh P.S Vs State of Kerala