Rajan.M vs Devakumar
2021 Latest Caselaw 21943 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                        MACA NO. 1088 OF 2019
    AGAINST THE AWARD DATED 24.11.2018 IN O.P.(MV) 498/2017 OF
        PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL , KOZHIKODE
APPELLANT/PETITIONER:

            RAJAN.M,
            AGED 58 YEARS,
            S/O. KUTTIMON,RESIDING AT MAKKOLATH HOUSE,
            P.O.THIRUVANNUR NADA, KOZHIKODE-673 029.

            BY ADV AVM.SALAHUDIN



RESPONDENTS/RESPONDENTS:

    1       DEVAKUMAR,
            AGED 58 YEARS,
            S/O. SANKUNNI MENON, AGED 58 YEARS, RESIDING AT
            SREEVIJAYAM, P.O. THIRUVANNUR NADA, KOZHIKODE-673 029.

    2       NATIONAL INSURANCE CO.LTD,
            DO:NOOR COMPLEX, MAVOOR ROAD, KOZHIKODE, PIN-673004.

            BY ADVS.
            SRI.M.KRISHNAKUMAR
            SRI.P.G.JAYASHANKAR




     THIS   MOTOR   ACCIDENT   CLAIMS       APPEAL   HAVING   COME   UP   FOR
ADMISSION ON 03.11.2021, ALONG WITH CO.85/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
  MACA No.1088/2019& CO.No.85/2020
                             2



         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
          THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH
                      KARTHIKA, 1943
                    CO NO. 85 OF 2020
AGAINST THE AWARD DATED 24.11.2018 IN O.P.(MV) 498/2017
    OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL ,
                        KOZHIKODE
CROSS OBJECTOR/1ST RESPONDENT IN THE APPEAL/ 1ST
RESPONDENT BEFORE THE TRIBUNAL:

          DEVAKUMAR,
          AGED 60 YEARS,
          S/O.SANKUNNI MENON, RESIDING AT SREEVIJAYAN,
          THIRUVANNOOR NADA PO, KOZHIKODE 673 029

          BY ADV M.KRISHNAKUMAR



RESPONDENTS/APPEALLANT IN THE APPEAL/CLAIMANT AND 2ND
RESPONDENT BEFORE THE TRIBUNAL:

   1      RAJAN M.,
          AGED 60 YEARS
          S/O.KUTTIMON, RESIDING AT MAKKOLATH HOUSE,
          THIRUVANNOOR NADA PO, KOZHIKODE 673 029

   2      NATIONAL INSURANCE COMPANY LTD.
          DO:NOOR COMPLEX, MAVOOR ROAD,
          KOZHIKODE 673 004


       THIS CROSS OBJECTION/CROSS APPEAL HAVING COME UP
FOR ADMISSION ON 03.11.2021, ALONG WITH MACA.1088/2019,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  MACA No.1088/2019& CO.No.85/2020
                              3



                         JUDGMENT

It is submitted that, the appellant

passed away and nobody came up to implead

themselves into the party array in spite of

notice. Hence, the appeal will stand

abated. The appeal is dismissed as abated.

In the cross objection also the

respondent passed away and nobody impleaded.

As such, the Cross Objection will stand

abated. The Cross Objection is dismissed as

abated.

Sd/-

P.SOMARAJAN JUDGE SPV