Authority: High Court of Kerala at Ernakulam

Order Date: 11 January 2024

Case Overview

  • Appeal No.: MAC No. 947 of 2011
  • Original Order: OPMV 2340/2004 of the Motor Accident Claims Tribunal, Ernakulam
  • Appellant: Santhosh S/o Micheal, residing at Podiya​th House, Thiruvanchikulam, Kodunjallore‑PO, Trichur District, represented by advocates Sri. Cherian Sebastian and Sri. M. James Antony
  • Respondents:

1. E.A. Sainaba (W/O P.A. Asharaf), Owner, residing at H.O. No.12/40‑A, Elanthippambil House, Keerampadam, Pallam Lane, Koovappadam, Kochi‑682 002

2. Fazaludeen S/O Abu Baker, Driver, residing at 13/944, R.K. Pillai‑ROIAD, Karuvelippadi, Kochi‑682 005

3. New India Assurance Co. Ltd, insurer, located at Kottakkal Arya Vydyasala Buildings, M.G. Road, Kochi‑682 016, represented by advocates Sri. P. Jayasankar and Sri. N.S. Najeeb

  • Procedural History: The appeal was listed for admission on 11 January 2024. No representation was made by the appellant on the previous posting date of 03 January 2024, nor on the current date. Consequently, the matter was posted for disposal.

Final Outcome

  • The High Court dismissed the appeal for non‑prosecution, thereby upholding the Motor Accident Claims Tribunal’s original judgment.

Topics: Motor Accident Claim, Court Dismissal