IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 MACA.No. 1513 of 2007() ----------------------- OPMV.2626/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER ---------------------------------- SHINI.K.ANTONY,D/O. MARRY, AGED 22 YEARS,KOCHUPURAKKAL HOUSE, ADIVARAM P.O., EANGAPUZHA, CHIPPILITHODU, KOZHIKODE. BY ADV. SRI.JIJI THOMAS SMT.SMITHA MATHEW RESPONDENT(S): RESPONDENTS -------------------------- 1. M.ABDUL MAJEED,S/O. ABDUL RAHMAN, MATTUVAL HOUSE,KUNNAMANGALAM P.O., KOZHIKODE. 2. THE ORIENTAL INSURANCE CO. LTD, DIVISIONAL OFFICE,G.H. ROAD,KOZHIKODE. ADV. SRI.TITUS MANI FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ M.A.C.A.1513 OF 2007 & C.M. Appli. No.1498 of 2007 ------------------------------------------------------ Dated: FEBRUARY 25, 2010 JUDGMENT Basheer, J. When this case came up for consideration in the defect list on February 23, 2010, neither the appellant not his counsel was present. Respondent No.1 has not been served with notice so far and the appellant has not taken any steps in this connection. Notice was ordered way back on August 16, 2007, but still the defect subsists. Today when the appeal is taken up, again there is no representation. Appellant and his counsel are absent. Therefore the appeal is dismissed for non-prosecution. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-