IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 MACA.No. 2839 of 2009() ----------------------- AGAINST THE ORDER DATED 18/06/2009 IN I.A. 2178&2179/09 IN OPMV.3252/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER: -------------------------------------------- ROY.K.C., S/O.LATE CHACKO, KOORATH HOUSE, VENNALA, COCHIN-28. BY ADVS. MR.K.JANARDHANAN, MR.MANURAJ. K.J. RESPONDENT(S): RESPONDENTS: --------------------------------------------------- 1. P.RAMESH, MANAGING DIRECTOR, MANGALA ROADWAYS (P) LTD., 42/12068, M.M.ROAD, COCHIN-16. 2. SAJEEVAN.M.A., S/O.KARTHIKEYAN, MULLATHPARAMBIL NEAR SUBRAMANIA TEMPLE, CORAKKADU KARA, KIZHAKKAMBALAM. 3. THE UNITED INDIA INSURANCE CO.LTD., CHITTOOR ROAD, ERNAKULAM, POLICY ISSUED BRANCH, W.ISLAND, COCHIN-3. R3 BY ADV. SMT.S.JAYASREE THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.No.2839 OF 2009 ............................................. Dated this the 11th day of January, 2010 J U D G M E N T This is an appeal preferred against the order of the Claims Tribunal, Ernakulam in I.A.Nos.2179 and 2178 of 2009 in O.P(MV).No.3252/1996. The first petition is filed to review the order of dismissal and to restore the claim petition and the other petition is filed to condone the delay in filing review application. I am not deciding the issue really on technicality but I am told that the claimant had sustained a fracture and as he was out of the State, he could not come to the court. I find that there is a basic defect in the original order to the effect that when the counsel reports that he had no instructions, the court is not competent to dismiss it as not pressed. At the most the court can only dismiss it as dismissed for default. Taking note of it, I feel that it is just and convenient to condone the delay and restore the claim petition but making it very clear that the claimant shall be entitled to get interest in case he succeeds only from : 2 : M.A.C.A.No.2839 OF 2009 the date of passing of the judgment that is from11.01.2010. The appeal is disposed of accordingly. M.N. KRISHNAN, JUDGE cl : 3 : M.A.C.A.No.2839 OF 2009