K.K.Moidu vs Ali K.And Others

Kerala High Court

K.K.Moidu vs Ali K.And Others on 22 May, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
      WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                        MACA NO. 892 OF 2009
AGAINST THE ORDER/JUDGMENT DATED 19.05.2006 IN OPMV NO.402 OF 2001
OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA
APPELLANT:

          K.K.MOIDU,
          S/O.MAMMAD
          SAFEERA MANZIL,MELADY AMSOM DESOM,,
          P.O.MELADY,KOYILANDY TALUK.
          BY ADV SRI.M.GOPIKRISHNAN NAMBIAR

RESPONDENTS/RESPONDENTS:

    1     ALI K.AND OTHERS
          EYYOTHIL HOUSE,, P.O.PAYYOLI,KOYILANDY TALUK.
    2     M.P.HAMZASO.KUNHABDULLA HAJI
          MARACHAL PUTHIYAKATH HOUSE,, P.O.PAYYOLI,KOYILANDY
          TALUK.
    3     KERALA STATE INSURANCE DEPARTMENT
          DISTRICT INSURANCE OFFICER,, PUTHIYARA,P.O.KOZHIKODE-1.
          BY ADV GOVERNMENT PLEADER

OTHER PRESENT:

          GP-SRI.K.M.FAIZAL


     THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 MACA No.892 of 2009             2




                             JUDGMENT

The learned counsel for the appellant submitted that the appellant is no more and the legal heirs have not come forward to get themselves impleaded. Steps not taken against the 2nd respondent in the delay petition also, though ordered notice on 12/3/2024. Since no steps taken in the delay condonation petition, delay is not condoned and the appeal is not admitted. Moreover, since the appellant is no more and no steps being taken to implead the legal heirs, the appeal stands abated.

Sd/-

SOPHY THOMAS JUDGE ska