IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 746 of 2003 ------------------------------- O.P(MV).NO.1340/1998 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/CLAIMANT: ----------------------------------- ABY CHERIAN, AGED 24 YEARS, S/O. CHERIAN, POOPPANAL HOUSE, PUTTUMANOOR KARA, PUTHENCRUZ. BY ADV. SRI.T.RAJESH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. SHAJI, S/O. RAMAN, INCHAPPUZHAYIL HOUSE, MAZHUVANNOOR, IRAPURAM. 2. R.VISWAMBARAN, INCHAPPUZHAYIL HOUSE, N.MAZHUVANOOR. 3. THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE ST.JOSEPH'S BUILDING, PERUMBAVOOR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- M.A.C.A.No.746 OF 2003 and C.M.Appl.No.1316 of 2003 ------------------------------------- Dated 13th October, 2008 JUDGMENT Koshy,J . This appeal was filed with a delay condonation petition. Notice was ordered in the delay condonation petition on 8.12.2003, but, process is not received so far. No steps were taken to serve notice on the respondents. When the case was called, there was no representation for the appellant. Hence, the delay condonation petition is dismissed for default. Consequently, the appeal is also dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks