High Court of KeralaMACA/320/2005dismissed

Chandran v. Johnson

2015-09-25Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr.Justice K.Harilal3 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 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 MACA.No. 320 of 2005 ( ) ------------------------- AGAINST THE AWARD IN OPMV 273/1994 of ADDL. MACT, MAVELIKARA DATED 04-02-2004 ....

APPELLANT/PETITIONER:

-------------------- CHANDRAN, NADAKKAL PUTHUVEL, CHOOLATHERUVU, MUTHUKULAM.

BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENT(S)/RESPONDENTS:

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

1. JOHNSON, S/O.P.M.GEORGE, PADIPPURAKKAL, NETTUR, KULANADA, PANDALAM.

2. ANEEFAKUNJU, S/O.MUSTHAFAKUNJU, THENGUVILAYIL VEEDU, MYNAGAPPALLY, KARUNAGAPALLY.

3. THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, OPPOOTTIL BUILDINGS, K.K.ROAD, KOTTAYAM.

R1 BY ADV. SRI.BABU CHERUKARA R3 BY ADV. SRI.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

okb

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

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ M.A.C.A.No.320 of 2005 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 25th day of September, 2015.

JUDGMENT

Ramachandra Menon, J.

Since notice to the 2nd respondent was returned stating 'not known', the service was not completed in appeal. The matter was noted as defective. Based on the submissions made by the learned counsel for the appellant, two weeks' time was granted as per order dated 1.4.2013, subject to satisfaction of cost of Rs.1,000/- payable to the Kerala State Mediation and Conciliation Centre and to produce proof of payment, making it clear that in case of default, the appeal would stand dismissed for nonprosecution. The matter is noted as defective again, by the Registry as per endorsement dated 23.9.2015, observing that the cost memo has not been produced and steps have not been taken to cure the defect.

2. In the said circumstance, this Court finds that

MACA.320/05 :2: the fate is already declared as per the order dated 1.4.2013, which is a self-serving order, holding that the failure would entail in dismissal of the appeal for non-prosecution.

The appeal stands dismissed accordingly.

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