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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, J.
Nesamony, S/O. Daniel Kaitharathala – Appellant
Versus
C.Velappan Nair, S/o. Chellappan Pillai – Respondent
OP (MAC).No.159 of 2015(O)
Decided on : 28-10-2019
Motor Vehicles Act- Dismissal of the claim petition and the application for restoration-Clear laches on the part of the lawyer prosecuting the case-Compensation being awarded, the claimant cannot seek interest for the period from the original dismissal of the claim petition, ie., 02.05.2011 till today.
Statement of facts:
The petitioner, a claimant in O.P.(MV) No.182/2005 on the file of the Motor Accidents Claims Tribunal, Neyyantinkara, approached this Court, aggrieved by dismissal of the claim petition and the application for restoration. The application for restoration also dismissed for default.
Finding of the court:
The impugned orders are to be set aside- The claim petition will have to be restored. However, in the event of a compensation being awarded, the claimant cannot seek interest for the period from the original dismissal of the claim petition, ie., 02.05.2011 till today.
Result: Disposed of
JUDGMENT :
1. The petitioner, a claimant in O.P.(MV) No.182/2005 on the file of the Motor Accidents Claims Tribunal, Neyyantinkara, approached this Court, aggrieved by dismissal of the claim petition and the application for restoration. The application for restoration also dismissed for default. This case depicts clear laches on the part of the lawyer prosecuting the case on behalf of the claimant. Necessary action ought to have been directed against the lawyer. Anyway, the Tribunal should consider the fact that in every claim petition there is a person who seeks reliefs. On account of laches on the part of the lawyer, the claimant cannot be punished.
2. Considering the above facts and circumstances, I am of the view that the impugned orders are to be set aside. The claim petition will have to be restored. However, in the event of a compensation being awarded, the claimant cannot seek interest for the period from the original dismissal of the claim petition, ie., 02.05.2011 till today. The claimant is free to seek interest by way of damages as against the lawyer who appeared for him. The parties are directed to appear before the Tribunal on 02.12.2019.
3. The OP(MAC) is disposed of as above.
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