SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Ker) 797

HIGH COURT OF KERALA
K.T. SANKARAN & M.L.JOSEPH FRANCIS, JJ.
The Branch Manager New India Assuarance Co. Ltd.
Versus
Kunjumole. G & Others
IA.NO. 2645 OF 2012 IN MACA NO. 2242 OF 2012
Decided on : 17-11-2012

Advocates appeared:
For the Appearing Parties:Jacob Murikan, Advocate.

Headnote:

Motor Vehicles Act,1988 - Section.168 ( 2) -Appellant to grant one month's time for producing legible certified copy of the judgment. The Registry has noted a defect that the certified copy of the judgment is not legible. It is in that context the application has been filed -appellant can be made liable to produce another certified copy of the award. The certified copy issued by the Motor Accidents Claims Tribunal is a certified photocopy of computer printed judgment. It is the duty of the Tribunal to issue legible certified copy. The litigants cannot be put to trouble by issuing illegible copies -Held, Every party is entitled to read the judgment. Certified copy of judgment is issued not for the purpose of the Appellate Court alone. Primarily, judgment is for the purpose of the litigants -application is closed as unnecessary.

Judgment :-

K.T. Shankaran, J.

1. This application is filed by the applicant to grant one month time for producing legible certified copy of the judgment. The Registry has noted a defect that the certified copy of the judgment is not legible. It is in that context the application has been filed.

2. We do not think that the appellant can be made liable to produce another certified copy of the award. The certified copy issued by the Motor Accidents Claims Tribunal is a certified photocopy of computer printed judgment. It is the duty of the Tribunal to issue legible certified copy. The litigants cannot be put to trouble by issuing illegible copies. It is not just and proper to direct the parties to go back to the Tribunal and get another legible certified copy of the judgment or award. What is the guarantee that a legible certified copy will be issued on the second occasion, Who will bear the expenses for getting the second copy? It is for the Court to ensure that the copies issued by it are legible readable and clear. Every party is entitled to read the judgment. Certified copy of judgment is issued not for the purpose of the Applicant Court alone primarily judgment is for the purpose of the litigants if the litigant cannot read the judgment, how can he file an appeal in time? Would the time taken for getting second legible certified copy be excluded in computing the period of limitation? Certainly not. If so, we do not find any justification to insist for producing another certified copy. Let the Registry address the Tribunal and get another legible and readable copy of the judgment from the Tribunal.

For the aforesaid reasons, the application is closed as unnecessary.

Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top