Kerala High Court
Abdul Khader vs Abdul Majeed (Deleted) on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
MACA NO. 2538 OF 2008
AGAINST THE AWARD IN OP(MV)NO.1086/2000 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL , PALAKKAD, PALAKKAD
APPELLANT/PETITIONER:
ABDUL KHADER
S/O.SHAHUM HAMEED,
UMMATHANTHOPE, ETHANUR,
CHITTUR TALUK,,
PALAKKAD DISTRICT.
BY ADV SRI.NAGARAJ NARAYANAN
RESPONDENTS:
*1 ABDUL MAJEED (DELETED)
MOSQUE ROAD,
PASAVANGUDI,
BANGALORE - 4.
*2 NASIR KHAN
S/O.SHAIK AHAMED (DELETED)
DOOR NO.368,
BANASANGHARI,,
BANGALORE - 11.
3 UNITED INDIA INSURANCE COMPANY LIMITED
LAKSHMI COMPLEX,
K.R.ROAD, FORT,,
BANGALORE - 11.
*4 RAJAN (DELETED)
S/O.PARAMESWARAN,
KUNISSERY
KOTTALA POST,
ALATHUR,
PALAKKAD DISTRICT.
MACA No. 2538 of 2008
2
*(RESPONDENT NO 1 , 2 AND 4 ARE DELETED FROM PARTY
ARRAY AT THE RISK OF APPELLANT VIDE ORDER DATED
31/03/2021 IN IA 1/2021 IN MACA 2538/2008)
5 NATIONAL INSURANCE COMPANY LIMITED
SREE NARAYANA TOURIST HOME BUILDINGS,,
P.B.NO.42, GURUVAYOOR.
BY ADVS.
SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSURANCE
SRI.S.K.AJAY KUMAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
MACA No. 2538 of 2008
3
C.S.DIAS,J
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MACA No. 2538 of 2008
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Dated this the 2nd day of August, 2021
JUDGMENT
This appeal is filed challenging the award
dated 24.02.2007 in OP(MV)No.1086 of 2000 of the
Motor Accidents Claims Tribunal, Palakkad. The
appellant was the petitioner before the Tribunal. He
has filed this appeal dissatisfied with the quantum of
compensation awarded by the Tribunal.
2. When the appeal was taken up for
consideration, the learned counsel appearing for the
5th respondent insurer brought to the notice of this
Court that, the 5th respondent had challenged the
impugned awards before this Court in MACA No.1906
of 2007. This Court by judgment dated 11.01.2010
allowed the appeal and remitted the matter back to
MACA No. 2538 of 2008
the Tribunal for fresh consideration. Thereafter, the
Tribunal has passed a fresh award. However, the
learned counsel appearing for the appellant submits
that the appellant was unaware of the above said
facts, and that is why the appeal was being
prosecuted without challenging the new award
passed by the Tribunal subsequent to the remand.
Therefore, the learned counsel for the appellant seeks
permission to withdraw the appeal, with liberty to
pursue his remedies in accordance with law.
In view of the above mentioned state of affairs
the appeal is dismissed as withdrawn, after granting
leave to the appellant to pursue his remedies in
accordance with law.
Sd/- C.S.DIAS,JUDGE
dlk 02.08.2021
