Subrahmanian vs Abhijith Raj
2021 Latest Caselaw 23194 Ker

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT

                           THE HONOURABLE MR.JUSTICE C.S.DIAS

          WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

    AGAINST THE ORDER/JUDGMENT IN OP(MV) 295/2014 OF THE MOTOR ACCIDENT CLAIMS

                                  TRIBUNAL, KALPETTA, WAYANAD

                         MACA (FILING NO.22126/2021)NO. OF 2021

APPELLANT/S:

                SUBRAHMANIAN, AGED 42 YEARS, S/O.PARANGODAN, THENGAPARAMBIL HOUSE,
                KULATHOOR POST, PERINTHALMANNA, MALAPPURAM 672 121 OWNER OF CAR KL-
                10-X-3275.,POLICY NO.1016023012P143357851

                BY ADV JIKKU SEBAN GEORGE

RESPONDENT/S:

                1.ABHIJITH REJI, , AGED 22 YEARS , REP BY FATHER REJI, PULIMKUNNEL
                HOUSE, CHEEYAMBAM POST, PADICHIRA VILLAGE, PULPALLY , SULTHAN
                BATHERI, WAYANAD- 673 579

                2. TOM P.UNNI, AGED 20 YEARS, PANDIYAMKATTAYIL HOUSE, VELIYAMBAM
                POST, PULPALLY, SULTHAN BATHERY 673 579(DRIVER OF KL-10-X-3275 CAR)

                3. THE BRANCH MANAGER, UNITED INDIA INSRUANCE CO LTD, NOORNAL
                BUILDING, CHUNGAM, SULTHAN BATHERI, WAYANAD - 673 592 (DRIVER OF             KL-
                10-X-3275 CAR)

                4. ZUBIULLA, S/O.RAHMATHULLLA, AGED ABOUT 43 YEARS, NO.39
                BADAMAKKARA, 4TH CROSS TIPPU CIRCLE, MYSORE, KARNATAKA 570001 (DRIVER
                CUM OWNER OF KA-09-8538 PICK UP JEEP)

                5., THE BRANCH MANAGER, SRIRAM GENERAL INSURANCE CO.LTD, NO.302, 3RD
                FLOOR, S4S CORNER BUILDING, PLOT NO.48, HOSPITAL ROAD, SIVAJI NAGAR,
                BANGALURU - 560 001. (INSURER OF KA-09-8538 PICK UP JEEP)

                6. AZEEZ, AGED 42 YEARS, S/O.AHAMMED HAJI, POOVALAPPIL HOUSE,
                MOORKKANAD VILLAGE, KOLATHUR AMSOM, PERINTHAMANNA TALUK, MALAPPURAM
                679 338

                (AGREEMENT OWNER OF     KL-10-X-3275 CAR)




      THIS     MOTOR   ACCIDENT    CLAIMS   APPEAL    HAVING   COME   UP   FOR   ADMISSION    ON

24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       2
MACA (Filing No.22126 /2021) No. of 2021




                        C.S.DIAS, J.
            ======================
              MACA (Filing No.22126 /2021)
                        No. of 2021
             ======================
        Dated this the 24th day of November, 2021.

                              JUDGMENT

The learned counsel appearing for appellant seeks

leave of this Court to withdraw the appeal with permission

to file a fresh appeal because the appellant is unable to raise

the requisite amount as contemplated under Sec.173 (1) of

the Motor Vehicles Act, 1988. Leave sought for is granted.

The appeal is dismissed without prejudice to the right of the

appellant to file a fresh appeal in accordance with law.

SD/-

sks/24.11.2021                             C.S.DIAS, JUDGE