Vijayan vs Musthapha E.H. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1292841
CourtKerala Orders High Court
Decided OnMar-07-2024
Case NumberMACA/2122/2013
JudgeHonourable Mr.Justice Ziyad Rahman a.a.
AppellantVijayan
RespondentMusthapha E.H.
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr.justice ziyad rahman a.a. thursday, the 7th day of march 2024 / 17th phalguna, 1945order dated 11.03.2013 in opmv no.1924 of 2006 of motor accidentsclaims tribunal, thrissur appellant/petitioner: vijayan s/o.padmanabhan nair, panagottil house, aryanpadam, mudathikkodu village, parlikkad, wadakkancheryby adv sri.p.v.chandra mohan respondents/respondents: 1 musthapha e.h. s/o.e.i.hamsa, edakkattil house, attoor, wadakkanchery-680582 2 manoj s/o.sankaramani,mangaparambil house, thiruthiparambu-680523 3 the united india insurance co ltd., branch office, kuruppam road, thrissur-680001 by advs. sri.g.sreekumar (chelur) sri.p.m.m.najeeb khan for r3 this motor accident claims appeal having come up for admission on 07.03.2024, the court on the same day delivered the following:judgmentas per the order dated 16.11.2023 even though the appellant was permitted to effect service of notice on the 2 nd respondent by paper publication to be made in “kerala kaumudi” daily having circulation in thrissur, no steps have been taken so far. the learned counsel for the appellant also submits that, even though notice was issued to the appellant so far there is no response. in such circumstances, the appeal is dismissed for non- prosecution. sd/- ziyad rahman a.a. judge scs
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945

ORDER DATED 11.03.2013 IN OPMV NO.1924 OF 2006 OF MOTOR ACCIDENTS

CLAIMS TRIBUNAL, THRISSUR APPELLANT/PETITIONER: VIJAYAN S/O.PADMANABHAN NAIR, PANAGOTTIL HOUSE, ARYANPADAM, MUDATHIKKODU VILLAGE, PARLIKKAD, WADAKKANCHERY

BY ADV SRI.P.V.CHANDRA MOHAN RESPONDENTS/RESPONDENTS: 1 MUSTHAPHA E.H. S/O.E.I.HAMSA, EDAKKATTIL HOUSE, ATTOOR, WADAKKANCHERY-680582 2 MANOJ S/O.SANKARAMANI,MANGAPARAMBIL HOUSE, THIRUTHIPARAMBU-680523 3 THE UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, KURUPPAM ROAD, THRISSUR-680001 BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.P.M.M.NAJEEB KHAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

As per the order dated 16.11.2023 even though the appellant was permitted to effect service of notice on the 2 nd respondent by paper publication to be made in “Kerala Kaumudi” daily having circulation in Thrissur, no steps have been taken so far. The learned counsel for the appellant also submits that, even though notice was issued to the appellant so far there is no response. In such circumstances, the appeal is dismissed for non- prosecution. Sd/- ZIYAD RAHMAN A.A. JUDGE scs