High Court of KeralaMACA/184/2005dismissed

Smt.Mary v. P.C.Thomas

2015-09-11Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr.Justice K.Harilal4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR.JUSTICE K.HARILAL FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 MACA.No. 184 of 2005 ( ) ------------------------- AGAINST THE AWARD IN OPMV 363/2001 of M.A.C.T., IRINJALAKUDA DATED 28-06-2004 APPELLANT/PETITIONER::

---------------------- SMT.MARY, W/O.DEVASSY, RESIDING AT PAZHAYA PARAMBIL HOUSE, POYYA P.O. VIA. MALA, THRISSUR DISTRICT.

BY ADVS.T.C.SURESH MENON SRI.SREEKANTH.K.R RESPONDENT(S)/RESPONDENTS::

--------------------------

1. P.C.THOMAS, S/O.CHEEKU, PALLIYIL HOUSE, ANNAMANADA, P.O. KUMBIDI, POOVATHUSSERY, THRISSUR DISTRICT.

2. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, VELLANIKKARA BUILDING, MAIN ROAD, IRINJALAKUDA, THRISSUR DISTRICT.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OKB

P.R. RAMACHANDRA MENON & K. HARILAL, JJ.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M.A.C.A.No.184 of 2005 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 11th day of September, 2015.

JUDGMENT

Ramachandra Menon, J.

This is an appeal preferred against the award dated 28.6.2004 passed by the Motor Accidents Claims Tribunal, Irinjalakuda. The matter was admitted on 17.2.2005. But no process charges were remitted and hence no notice was issued. Defect was noted by the Registry and the matter was listed before the Registrar (Judicial) on 24.7.2008. Two weeks' time was sought for curing the defect, which was granted. As no steps were taken, it was caused to be posted before the Bench.

2. When the matter came up for consideration before the Bench on 27.2.2015, the name of Adv. T.C.Suresh Menon (from the office of the then counsel for the appellant), was ordered to be shown in the cause list. No steps were taken. The matter came up

MACA.184/05 :2: again before the Bench on 2.3.2015, when it was reported that Adv.K.R.Sreekanth, who was appearing for the appellant earlier, is no more. Time was sought for to cure the defect and three weeks' time was granted in this regard. When the matter came up again before this Bench on 8.9.2015, it was adjourned and hence stands posted today. Position continues to be the same. No process charges have been remitted so far. This appeal is dismissed for non-prosecution.

Sd/- P.R. RAMACHANDRA MENON, JUDGE Sd/- K. HARILAL, JUDGE okb.