Kerala High Court
Vivek.D vs Arulmani.B.S on 22 March, 2024
MACA No.3999/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 22nd day of March 2024 / 2nd Chaithra, 1946
CM.APPL.NO.1/2023 IN MACA NO. 3999 OF 2023 (D)
OP(MV) 1449/2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, PALAKKAD
PETITIONER/APPELLANT:
VIVEK.D., AGED 30 YEARS, S/O.DEVI.A., RESIDING AT 12/441, MELE
HOUSE, PRIYADARSINI NAGAR, PUTHUR, PALAKKAD, KERALA, PIN - 678001.
RESPONDENTS/RESPONDENTS:
1. ARULMANI.B.S., S/O.SIVARAJ, RESIDING AT 5/16 C, BOOLANAIYAKANAHALIL,
EACHANAHALLI P.O. CHARMAPURI, PIN - 636813.
2. SAMBATH.D., AGED 43 YEARS, S/O.DEVARAJ, RESIDING AT NAGADASAMPATTI
V, BIKKAMPATTI P.O. PENNAGARAM TK, DHARMAPURI DISTRICT, TAMIL NADU,
PIN - 636813.
3. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS
BRANCH MANAGER, 1/113, KOVAI MAIN ROAD, CHENGAPALLI, PERUNDURAI,
TIRUPUR, CHENGAPALLI S.O., ERODE, TAMILNADU, PIN - 638812.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 660 days in filing the above appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. T.K.SANDEEP & SWETHA R., Advocates for the applicant and of SRI.
P.JACOB MATHEW, Advocate for the respondent NO.3(by order), the Court
passed the following:
P.T.O
MACA No.3999/2023 2/2
ORDER
Sri.P.Jacob Mathew appears for the 3rd respondent.
Delay of 660 days in filing the appeal is condoned subject to condition that, in case of any enhancement being granted in the appeal, the Insurance Company shall be at liberty to exclude the period of delay while computing the interest.
MACA Admit.
Sri.P.Jacob Mathew appears for the 3rd respondent. As consolidated notice was already served on respondents 1 and 2, further notice is not necessary.
Appellant is directed to furnish a copy of the memorandum of appeal to the Standing Counsel.
Sd/- ZIYAD RAHMAN A.A., JUDGE 22-03-2024 /True Copy/ Assistant Registrar