The Oriental Insurance Co. Ltd., ... vs Jasna M.P., W/O Late Sherief.T
2023 Latest Caselaw 11574 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MRS. JUSTICE MARY JOSEPH
         Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
                       MACA NO. 3284 OF 2023(FILING NO.)
JUDGMENT DATED 10/03/2023 IN OPMV 278/2020 OF MOTOR ACCIDENT CLAIMS TRIBUNAL,
                              OTTAPPALAM, PALAKKAD
 APPELLANT/3RD RESPONDENT:

      THE ORIENTAL INSURANCE CO. LTD., METRO PALACE, GROUND FLOOR, OPP.
      NORTH RAILWAY STATION, ERNAKULAM, PIN - 682018,REPRESENTED BY ITS
      DULY AUTHORIZED OFFICER.

    BY ADV V.P.K.PANICKER
RESPONDENTS/PETITIONERS:

   1. JASNA M.P.,AGED 36 YEARS, W/O LATE SHERIEF.T. THEKKEKARA HOUSE,
      KUMARAMPUTHUR,MANNARKAD COLLEGE P.O., PALAKKKAD, PIN - 678583.
   2. DIYA SHERIEF,AGED 12 YEARS (MINOR), D/O LATE SHERIEF.T, THEKKEKARA
      HOUSE, KUMARAMPUTHUR,MANNARKAD COLLEGE P.O., PALAKKKAD, PIN -
      678583.
   3. DAYAN SHERIEF ,AGED 6 YEARS (MINOR) S/O LATE SHERIEF.T, THEKKEKARA
      HOUSE, KUMARAMPUTHUR,MANNARKAD COLLEGE P.O., PALAKKKAD, PIN -
      678583.
   4. ABDUL KAREEM @ KAREEM, AGED 69 YEARS, FATHER OF LATE SHERIEF.T.,
      THEKKEKARA HOUSE, KUMARAMPUTHUR,MANNARKAD COLLEGE P.O., PALAKKKAD,
      PIN - 678583.
   5. SAKEENA,AGED 58 YEARS, MOTHER OF LATE SHERIEF.T., THEKKEKARA HOUSE,
      KUMARAMPUTHUR,MANNARKAD COLLEGE P.O., PALAKKKAD, PIN - 678583.

     This Unnumbered Motor accident claims appeal../2023 (Filing
No.3284/2023) having come up for orders on 08.11.2023, the court on the
same day passed the following:




                                                                 P.T.O
                                 MARY JOSEPH, J
                   ----------------------------------------------

                       unnumbered M.A.C.A.No. of 2023
                            (Filing No.3284 of 2023)
                   -----------------------------------------------
                  Dated this the 08th day of November, 2023


                                      ORDER

The defect noted by the Registry is to the effect that in the

cause title of the appeal memorandum, claimants 2 and 3, who

are minors were not represented by a next friend.

As rightly pointed out by the learned counsel, in the

Original Petition claimants 2 and 3, the minors, were not

represented by a next friend and since the petitioner failed to

cure the mistake, the cause title in the award remained the

same. The appellant has only shown the same cause title in the

appeal memorandum. They cannot do any modification in that

respect. Therefore, it is not a defect curable by the

appellant/insurer.

Therefore, number the MACA and post for admission.

Sd/-

MARY JOSEPH JUDGE NAB

08-11-2023 /True Copy/ Assistant Registrar