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2022 Supreme(Ker) 510

C.S.DIAS
Rajesh Chandran, S/o. Ramachandran Nair – Appellant
Versus
M. R. Gopalakrishnan Nair, S/o. Raman Pilla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.V.SREEJITH, G. Maheswary
For the Respondent: Panicker V.P.K.

JUDGMENT :

The original petition is filed to set aside the common order dated 05.10.2021 passed by the Motor Accidents Claims Tribunal, Neyyattinkara (in short 'Tribunal') in I.A.Nos.4451/2019, 4452/2019, 3/2021 and 4/2021(Ext.P8) in O.P.(MV) No.178/2010.

2. The skeletal facts, relevant for the determination of the original petition, are: the petitioner is the applicant in the above claim petition, filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.10,00,000/-from the respondents, on account of the injuries sustained to the petitioner in an accident on 16.12.2005. The claim petition was dismissed on 24.04.2012 for non-prosecution. The petitioner had filed Ext.P2 application, to restore the claim petition, with Ext.P3 application, to condone the delay in filing Ext.P2 application. However, Exts.P2 and P3 applications were dismissed on 10.02.2014. Then, the petitioner filed Exts.P4 to P7 applications to restore Exts.P2 and P3 applications and to condone the delay in filing the subsequent applications. The Court below, by the impugned Ext.P8 order, dismissed Exts.P4 to P7. Ext.P8 is erroneous and wrong. The petitioner was a Maison. He is still suffering

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