In Motor Accident Claims Appeal No.1988/2015, the High Court of Kerala at Ernakulam dismissed the appeal for non-prosecution. The appellant failed to appear despite prior directions to implead legal heirs, and the court found no representation on the hearing date.
The appeal was dismissed for non-prosecution due to the appellant's failure to appear.
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 ZIYAD RAHMAN A.A.
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
MACA NO. 1988 OF 2015
OPMV NO.3591 OF 2002 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANT/PETITIONER:
PADMANBHAN
AGED 43 YEARS
S/O APPU NAIR, RESIDING AT MANASA, KUTTIYIL
PARAMBU, KUTTIYILTHAZHAM P.O., POKKUNNU,
KOZHIKODE.
BY ADVS.
SRI.JIJI THOMAS
SRI.P.R.ASHOK KUMAR
SMT.SMITHA MATHEW
RESPONDENTS/RESPONDENTS:
1 THE PROPRIETOR, M/S. ALAPPAT BROTHERS, KARIKAMURI, COCHIN-682031.2 K.P.YOHANNAN, S/O PAILY, RESIDING AT KANNVELIYIL HOUSE, KOTTAPARAMBA .O., PALAKKOTTUVAYIL, KOZHIKODE-673001.3 THE ORIENTAL INSURANCE COMPANY LTD. BRANCH OFFICE, II, JEWEL ARCADE, LAYAM ROAD, COCHIN-682011.BY ADVS.
SRI.K.ANAND
SRI.BENNY ANTONY PAREL
SMT.REKHA NAIR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 05.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
M.A.C.A. No.1988/2015
: 2 :
JUDGMENT
This appeal was posted for disposal today in view of the fact that there was no representation for the appellant on the last to posting dates, i.e., on 12.01.2023 and 21.02.2024. Even though
the appellant was directed to take steps to implead the legal heirs of the deceased 2nd respondent, no such steps have taken so far.
Today also, when the matter taken up for consideration, there is no representation for the appellant. In such circumstances, this appeal is dismissed for non prosecution.
Sd/ZIYAD RAHMAN A.A. JUDGE
ncd/
2 issues framed by the court
Whether to proceed with the appeal in absence of the appellant.
Whether to admissibly dismiss the appeal for non-appearance.
PADMANBHAN
THE PROPRIETOR, M/S. ALAPPAT BROTHERS
K.P.YOHANNAN
THE ORIENTAL INSURANCE COMPANY LTD.
ZIYAD RAHMAN A.A.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court