IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 20503 of 2008(N) -------------------------- {OPMV.1706/2002 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE} .................... PETITIONER(S): --------------- M.KUTTISHWARAN, S/O.PANHAN, AGED 58, THAYYULLA KANDIYIL HOUSE, FEROKE AMSOM AND NALLOOR DESOM OF KOZHIKODE TALUK. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): --------------- 1. THE MANAGING PARTNER, SUBRAHMANIA TRANSPORTING SERVICE, 1/39951, EAST HILL P.O., KOZHIKODE (R.C.OWNER K.R.Z.5544) 2. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, TRIPURI BUILDING, EAST NADAKKAVU, KOZHIKODE, POLICY NO.3176060322444 (FROM 17-11-00 TO 16-11-01). 3. K.RASAK, S/O.KUNHIMOOSA, AGED 36/2001, KOYAMBRATH HOUSE, MAKKADA P.O. (CONDUCTOR OF THE BUS). 4. POKKU, S/O.MOOSA, AGE 61/2001, ALANGAT VAYAL HOUSE, MAKKADA P.O., (DRIVER OF THE BUS). ADV. SRI.M.RAJAGOPALAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20503 of 2008 :: 2 :: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE AFFIDAVIT DATED 19.05.2007 FILED IN SUPPRT OF I.A.32822007 IN O.P.(MV) NO.1706/2008 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE. EXT.P2: TRUE COPY OF THE ORDER DATED 30.11.2007 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE IN I.A.32822007 IN O.P.(MV) NO.1706/2008. EXT.P3: LEGIBLE COPY OF THE ORDER DATED 30.11.2007 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE IN I.A.32822007 IN O.P.(MV) NO.1706/2008. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- S.S.SATHEESACHANDRAN, J. ------------------------------------------------ W.P.(C) No.20503 of 2008 ----------------------------------------------- Dated this the 10th day of February, 2010 JUDGMENT Writ petition is filed by the claimant in an application for compensation filed before the Motor Accidents Claims Tribunal, Kozhikode. His application for compensation was dismissed for non taking of steps against the respondents, despite repeated directions by the Tribunal to take fresh steps, after the previous notices were returned unserved. Admittedly the application had been dismissed once for default and subsequently restored allowing a restoration application moved by the claimant. After such restoration also, the claimant failed to take out notice to serve on the respondents. On the date when the claim petition was posted, there was no representation for the claimant and the Tribunal dismissed the application under the impugned orders. W.P.(C) No.20503 of 2008 :: 2 :: 2. To the notice issued in the writ petition only the 2nd respondent insurer has entered appearance. Service of notice on the other respondents has not been effected so far. 3. Having regard to the fact that those respondents who are not served notice in the writ petition had not appeared before the Tribunal nor served with a notice in the claim petition, I find notice to them can be dispensed with in disposing of the present writ petition. 4. I heard learned counsel for the petitioner and also the 2nd respondent insurer. 5. Of course, there are some laches on the part of the petitioner/claimant in prosecuting the application for compensation. Still noticing that the claim has been moved seeking compensation for injuries sustained in a motor accident, I find, one more opportunity can be granted to the claimant, subject to payment of a cost of Rs.750/- to the 2nd W.P.(C) No.20503 of 2008 :: 3 :: respondent insurer. Cost ordered shall be paid to the counsel appearing for the 2nd respondent within 15 days from the date of this judgment. In default of payment of cost within the time stipulated above, the writ petition shall stand dismissed. If cost is paid as directed above, the Tribunal shall restore the petition to file and dispose it, after issuing notice to all the respondents and hearing them in accordance with law. 6. Writ petition is disposed of as above. Post for report after 15 days. Sd/- (S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy//