Kerala High Court
Subaida vs Safeer K K on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
IA.NO.1/2019 IN MACA NO. 4011 OF 2017 (F)
OPMV 1488/2016 OF PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE
APPELLANTS/PETITIONERS:
1. SUBAIDA W/O.KUNHABDULLA, AGED 63 YEARS, RUKHIYA VILLA, VILAYATTUR,
P.O.IRINGATH, PAYYOLI VIA, KOZHIKODE-673523. (MOTHER OF THE
DECEASED)
2. MEHRA W/O.ABDUL LATHEEF, AGED 39 YEARS, VADAKKE CHALIL BISMILLA,
NIDUMPOYIL, P.O.KOZHUKKALLUR, KOZHIKODE-673524, (SISTER OF THE
DECEASED).
3. MUNEERA W/O.SHAMEER, AGED 35 YEARS, NEELOTH MEETHAL HOUSE,
P.O.PERAMBRA, KOZHIKODE-673525, (SISTER OF DECEASED)
RESPONDENTS/RESPONDENTS
1. SAFEER K. K. S/OMUHAMMED KOYA, MISFA, MOOZHIKKAL, CHIRICHILIL,
CHELAVOOR P.O., KOZHIKODE-673571.
2. RAMESAN S/O.PAVITHRAN, AGED 45 YEARS, VALIYA VETTUMMAL HOUSE,
MARUTHOMKARA P.O., CHEENAVELI, KAVILUMPARA VIA, KOZHIKODE-673513.
3. THE MANAGER,M/S. THE ORIENTAL INSURANCE CO. LTD. DOOR NO.II, PRAMOD
BUILDING, CHEROOTTY ROAD, KOZHIKODE-673032.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to correct the OP(MV)
number which was wrongly entered as OP(MV) No. 1488/2016 in the appeal
memorandum as well as in the cause title of the judgment, paragraph 2 of
the judgment and in paragraph 7 last line in page number 5 of the judgment
in MACA No. 4011/2017.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 14/12/2017 and upon hearing the arguments of SRI.PRATHEESH.P,
SRI.M.MUHAMMED SHAFI, SMT.RENY ANTO, Advocates for the petitioners and of
SMT. K.S.SANTHI (B/O, NO MEMO), Advocate for the Respondent No. 3, the
court passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------------------------------
I.A.No.1 of 2019
in
M.A.C.A.No. 4011 of 2017
------------------------------------------------------
Dated this the 10th day of August, 2022
ORDER
Ajithkumar, J.
This is a petition filed by the appellants seeking to correct
the number of the proceedings stated in the judgment of the court
below, which is impugned in the appeal. It is contended that the
actual number of the case is O.P.(MV) No.1488 of 2015, whereas it
was mistakenly noted in the judgment as O.P.(MV) No.1488 of
2016. The Motor Accidents Claims Tribunal, Kozhikode, itself has
corrected the number in the judgment and carried out the
correction. A certified copy of the corrected judgment in O.P.(MV)
No.1488 of 2015 is produced by the petitioners along with a
memo. In the circumstances, the petition is allowed.
Registry to carry out correction in the appeal memorandum
accordingly.
This M.A.C.A. was allowed and the matter was remanded to
Motor Accidents Claims Tribunal, Kozhikode, for fresh disposal, as
per the judgment dated 14.12.2017. In the said judgment also,
I.A.No.1 of 2019 in
M.A.C.A.No. 4011 of 2017
the number of the O.P.(MV) has been stated mistakenly. In
order to rectify the said mistake, the number of O.P.(MV)
stated in the judgment is corrected as "O.P.(MV) No.1488
of 2015" instead of "O.P.(MV) No.1488 of 2016", wherever
it is stated.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
10-08-2022 /True Copy/ Assistant Registrar
