JUDGMENT

The claimant in OP(MV) No.202 of 2006 on the files of the Motor Accidents Claims Tribunal, Tirur, has come up in appeal, challenging the impugned award dated 31.12.2008, by which, the tribunal directed the owner and driver of the offending vehicle, who are respondents 1 and 2 herein, to pay the compensation awarded by the tribunal, finding that the second respondent/driver was not having a valid licence to drive the vehicle at the time of the accident.

The appeal was filed on 26.06.2009, seeking enhancement of compensation as well as challenging the exoneration of the insurer from the liability to pay compensation. Since the original notice issued to respondents 1 and 2 was returned as “unclaimed” and “gone to gulf” respectively, on 07.11.2019, the appellant was directed to take out notice to respondents 1 and 2 in their present/correct address. Thereafter, several opportunities were granted to the appellant to take steps for service of notice to respondents 1 & 2. Finally, on 22.01.2024, the appellant sought time for filing a petition for substituted service by paper publication. Thereafter, the appellant filed a petition for permission to serve notice on respondents 1 and