Fathima vs Nagarajan

Type Court Judgment Court Kerala Decided Dec 18, 2019

~3 min read

https://sooperkanoon.com/case/1922919

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1922919
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Muhamed Mustaque
Decided On: Dec 18, 2019
Case Number: OP (MAC)/784/2013

Parties & Advocates

Appellant / Petitioner

Fathima

Respondent

Nagarajan

Excerpt

.....op (mac) having been finally heard on 18.12.2019, the court on the same day delivered the following: o.p (mac) no.784/2013 3judgmentdated this the 18th day of december 2019the petitioners are claimants in o.p (mv) no.1134 of 2000 on the file of motor accidents claims tribunal, manjeri. the claim petition was dismissed for default. thereafter an application was filed to restore the original petition along with a delay condonation petition. both the applications were dismissed. challenging this, the petitioners approached this court.2. the petitioners in fact claim compensation for the death ofsri.kvc ummer who died in an accident on 06.10.1997. the case depicts laches and negligence on the part of the lawyer. for that, the claimants should not be penalised. however, at the same time, the petitioners cannot claim any interest from the date of original dismissal till next hearing of the case. if advised, the petitioners can recover such interest portion by way of damages by proceeding against the lawyer who was prosecuting the case. with the above observation, this original petition is allowed.o.p (mac) no.784/2013 4 the claim petition is restored. the parties are directed to appear before the tribunal on 28.01.2020. sd/- a.muhamed mustaque judgesmp o.p (mac) no.784/2013 5 a p p e n d i x ext.p1 : true copy of the order dtd.23.3.2005 in o op(mv)no.1134/2000 on the files of mact manjeri. ext.p2 : true copy of the order passed by mact manjeri dtd.3.5.2002 in i.a.538/2012 in op(mv) no.1134/2000. ext.p3 : true copy of the order passed by mact manjeri dtd.3.5.2012 in i.a 539/2012 in op(mv) no.1134/2000. respondents' exhibits: nil. true copy p.s to judge smp

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 18TH DAY OF DECEMBER 2019 / 27TH AGRAHAYANA, 1941 OP (MAC).No.784 OF 2013(O) (OP (MV) 1134/2000 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI) PETITIONERS: 1 FATHIMA AGED 43 YEARS W/O. KVC UMMER (LATE), RESIDING AT VALIKKATTIL HOUSE, 2 MUHAMMED RISHATH AGED 23 YEARS S/O. KVC UMMER (LATE), RESIDING AT VALIKKATTIL HOUSE, 3 SABNA AGED 18 YEARS D/O. KVC UMMER (LATE), RESIDING AT VALIKKATTIL HOUSE, 4 MUHAMMED ASHRAF S/O. KVC UMMER (LATE), RESIDING AT VALIKKATTIL HOUSE, BY ADVS. SRI.P.SHAMSUDIN SMT.NIMA JACOB RESPONDENTS: 1 NAGARAJAN S/O. N.MADESWARAN, MINISTER GOVINDA SWAMI STREET, RASIPURAM, TAMIL NADU, PIN-637 408. 2 N.MADESWARAN S/O. NADESAN, MINISTER GOVINDA SWAMI STREET, RASIPURAM, TAMIL NADU, PIN-637 408. 3 THE NATIONAL INSURANCE CO. LTD. MARUTHI COMPLEX, OMALLUR MAIN ROAD, NAMAKKAL, TAMIL NADU-637 001. 4 MOHAMMED NOUFAL S/O. KNJIPOKER, OMANUR P.O., CHERUVAYOOR (VIA), PIN-673 640. O.P (MAC) No.784/2013 2 5 PUSHPAKARAN KUZHIKKATTIL HOUSE, VALLIKKUNNU P.O., MALAPPURAM DISTRICT-673 314. (REMOVED) (5TH RESPONDENT IS REMOVED FROM THE PARTY ARRAY AT

THE RISK OF THE PETITIONER AS PER ORDER

DTD.12.08.16 IN I.A.1054/16). 6 UNITED INDIA INSURANCE COMPANY LTD. COURT ROAD, MANJERI-676 121. R6 BY ADV. SRI.RAJAN P.KALIYATH R6 BY ADV. SMT.P.A.REZIYA R3 BY ADV. SRI.JOHN JOSEPH VETTIKAD THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 18.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P (MAC) No.784/2013 3

JUDGMENT

Dated this the 18th day of December 2019

The petitioners are claimants in O.P (MV) No.1134 of 2000 on the file of Motor Accidents Claims Tribunal, Manjeri. The claim petition was dismissed for default. Thereafter an application was filed to restore the original petition along with a delay condonation petition. Both the applications were dismissed. Challenging this, the petitioners approached this Court.

2. The petitioners in fact claim compensation for the death of

Sri.KVC Ummer who died in an accident on 06.10.1997. The case depicts laches and negligence on the part of the lawyer. For that, the claimants should not be penalised. However, at the same time, the petitioners cannot claim any interest from the date of original dismissal till next hearing of the case. If advised, the petitioners can recover such interest portion by way of damages by proceeding against the lawyer who was prosecuting the case. With the above observation, this original petition is allowed.

O.P (MAC) No.784/2013 4 The claim petition is restored. The parties are directed to appear before the Tribunal on 28.01.2020. Sd/- A.MUHAMED MUSTAQUE JUDGE

smp O.P (MAC) No.784/2013 5 A P P E N D I X EXT.P1 : TRUE COPY OF THE ORDER DTD.23.3.2005 IN O OP(MV)No.1134/2000 ON THE FILES OF MACT MANJERI. EXT.P2 : TRUE COPY OF THE ORDER PASSED BY MACT MANJERI DTD.3.5.2002 IN I.A.538/2012 IN OP(MV) No.1134/2000. EXT.P3 : TRUE COPY OF THE ORDER PASSED BY MACT MANJERI DTD.3.5.2012 IN I.A 539/2012 IN OP(MV) No.1134/2000. RESPONDENTS' EXHIBITS: NIL. True Copy P.S to Judge smp

Same Court & Year Kerala · 2019 Same Parties Fathima vs Nagarajan Same Judge Honourable Mr. Justice a.Muhamed Mustaque