Single judge disposed of Original Petition No.97/2023, granting liberty to the petitioner to file an appeal against the impugned Motor Accident Claims Tribunal order if legally advised, without deciding merits.
Original Petition disposed of with liberty to file an appeal against the impugned order if advised.
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 DINESH KUMAR SINGH
THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
OP (MAC) NO. 97 OF 2023
AGAINST THE ORDER/JUDGMENT OPMV 236/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,NEYYATTINKARA
PETITIONER:
RADHAKRISHNAN,
AGED 67 YEARS, S/O K. PRABHAKARAN,
AJAL BHAVAN, CHOWARA.P.O., BALARAMAPURAM,
THIRUVANANTHAPURAM DISTRICT, PIN – 695501.
BY ADVS.
SRI. R.T.PRADEEP
SRI. P.BIJIMON
SMT. M.BINDUDAS
RESPONDENTS:
1SUDHEERKHAN,
TC 67/2235, SUDHEER MANZIL,
KANNAMCODE,NEDUMON, KOVALAM.P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN – 695527.
2 THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, VAZHUTHACAUD, THIRUVANANTHAPURAM DISTRICT, PIN – 695014.3THE DIVISIONAL MANAGER,
NEW INDIA ASSURANCE CO. LTD.,
SWADESABHIMANI COMPLEX, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT,PIN – 695121.
BY ADVS.
SRI. LAL K. JOSEPH - SC
SRI. GEORGE A.CHERIAN – SC
SMT. SOUMYA FRANCIS
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.09.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC) NO. 97 OF 2023
2
DINESH KUMAR SINGH, J.
OP (MAC) No.97 of 2023
Dated this the 7th day of September, 2023
JUDGMENT
submits that the impugned Exhibit P-6 order dated 07.07.2022 is appealable order. Therefore he implies to take the remedy of appeal.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
NB: Copy of the impugned Exhibit P-6 order to be returned after keeping photocopy therein for proof.
OP(MAC) NO. 97 OF 2023
3
APPENDIX OF OP (MAC) 97/2023
PETITIONER’S EXHIBITS
EXHIBIT P1TRUE COPY OF O.P.(M.V.) NO.236/2008 DATED
4.3.2008 BEFORE THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, NEYYATTINKARA ALONG WITH TRUE
LEGIBLE TYPED COPY
EXHIBIT P2TRUE COPY OF PAPER PUBLICATION OF NOTICE TO
1ST RESPONDENT APPEARED IN JANMABHUMI DAILY
DATED 17.5.2019
EXHIBIT P3TRUE COPY OF AWARD DATED 9.6.2011 IN O.P.
(M.V.) NO.236/2008 BY THE MOTOR ACCIDENT
CLAIMS TRIBUNAL, NEYYATTINKARA
EXHIBIT P4TRUE COPY OF I.A. NO.604/2018 IN O.P. (M.V.)
NO.236/2008 DATED 22.1.2018 SEEKING TO
RESTORE THE O.P.(M.V.) BACK TO FILE ON THE
FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
NEYYATTINKARA
EXHIBIT P5TRUE COPY OF I.A. NO.605/2018 IN O.P. (M.V.)
NO.236/2008 DATED 22.1.2018 SEEKING TO
CONDONE DELAY OF 2400 DAYS ON THE FILE OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA
EXHIBIT P6TRUE COPY OF COMMON ORDER DATED 7.7.2022 IN
I.A. NOS.604/2018 & 605/2018 IN O.P.(M.V.)
NO.236/2008 BY THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, NEYYATTINKARA
1 issue framed by the court
Whether the present Original Petition should be disposed of and liberty granted to file an appeal against the impugned order.
Radhakrishnan
Sudheer Khan
The Divisional Manager, National Insurance Company Limited
The Divisional Manager, New India Assurance Co. Ltd.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court