Authority: High Court of Kerala at Ernakulam

Order Date: 25 July 2023

Case Overview

  • Appellants/Petitioners:

1. Karumbayi @ Selvi, W/O Late Kamalakannan @ Kuttan, 26 years, residing at Chunambukalavail Theruvu, Pattavaithala P.O., Sreerankam Taluk, Trichy, Tamil Nadu.

2. Devanarayan (minor), S/O Late Kamalakannan @ Kuttan, 8 years, represented by next friend and mother Karumbayi @ Selvi.

3. Karthikeyan (minor), S/O Late Kamalakannan @ Kuttan, 5 years, represented by next friend and mother Karumbayi @ Selvi.

  • Respondents:

1. Basheer, S/O Kunhimoidu, residing at Chungath House, Nattukal P.O., Mannarkkad Taluk, Palakkad District.

2. Sidheeq, S/O Kunhimoidu, same address as above.

3. The United India Insurance Co. Ltd., Pechi Complex, Calicut Road, Perinthalmanna, Malappuram District.

  • Nature of Proceeding: Appeal (MACA No. 2388 of 2008) against the award dated 29‑12‑2007 in O.P(M.V) No.926/2005 of the Motor Accidents Claims Tribunal, Ottappalam.
  • Procedural History: The matter was listed for admission on 25‑07‑2023. Subsequent postings were recorded on 27‑01‑2023, 03‑02‑2023, 17‑02‑2023, 24‑02‑2023, 17‑03‑2023, 24‑03‑2023, and the case was adjourned to 04‑04‑2023 as a final opportunity. No representation was made on behalf of the appellants throughout these dates.

Final Outcome

  • The Court observed that the appellants appeared uninterested in prosecuting the matter and consequently dismissed the appeal for non‑prosecution.

Topics: Motor Accident Claims, Court Proceedings, Insurance