Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 MACA NO. 3591 OF 2015 OP(MV) 2029/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL APPELLANTS/PETITIONERS:
1 JAYALEKSHMI, AGED 52, W/O.LATE VISWANATHAN CHETTIYAR, "ADHEENA",HOUSE NO.SP-III/268, MAVELISTORE BUILDINGS, KARIYAM, SREEKARIYAM P.O, 2 ADHEENA, AGED 27, D/O.LATE VISWANATHAN CHETTIYAR, 3 VISHNU, AGED 25, S/O.LATE VISWANATHAN CHETTIYAR, 4 VELAYUDHAN CHETTIYAR, S/O.ADAKKALAM CHETTIYAR, 5 VALLIYAMMAL, W/O.VELAYUDHAN CHETTIYAR, "ADHEENA", HOUSE NO.SP-III/268, MAVELISTORE BUILDINGS, KARIYAM, SREEKARIYAM P.O, THIRUVANANTHAPURAM-17. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.BENOJ C AUGUSTIN SRI.SAIJO HASSAN SRI.SEBIN THOMAS
1. RESPONDENTS/RESPONDENTS:
1 K.S. KRISHNAGOWDA, S/O.SUBBAIAH, NO.16, 1ST CROSS, M.S.NAGAR, BANGALORE-33. 2 T.M. RAMESHA, S/O.MUNITHIMMAIH, NEAR UTHUNUR (3 KM), MUGAGAL TALUK,KOLAR DISTRICT, KARNATAKA STATE - 563101. :2 : 3 M/S. THE ORIENTAL INSURANCE CO. LTD., DIVISIONAL OFFICE NO.II, ST.MARRY VILLA, ULLOOR,MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM-11. BY ADV DR.ELIZABETH VARKEY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3 :
JUDGMENT
The 1st respondent in this appeal expired and the notice to the 2nd respondent returned with an endorsement “insufficient address”. The appellants were being granted time to take necessary steps in this regard from 13.01.2023 onwards.
2. When the matter came up for consideration on 16.01.2024, the following order was passed: “Appellant is granted one more week time to cure the defects. In case, defect is not cured within that time, appeal will stand dismissed.” Today also, no steps have been taken. Therefore, the appeal is dismissed for non prosecution. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd