Padmanbhan vs the Proprietor - Court Judgment

SooperKanoon Citationsooperkanoon.com/1292736
CourtKerala Orders High Court
Decided OnMar-05-2024
Case NumberMACA/1988/2015
JudgeHonourable Mr.Justice Ziyad Rahman a.a.
AppellantPadmanbhan
RespondentThe Proprietor
Excerpt:
in the high court of kerala at ernakulampresent 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. 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. 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 :judgmentthis 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/
Judgment:

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. 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. 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/