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2026 Supreme(Online)(Ker) 14041

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
R.SASIDHARAN NAIR – Appellant
Versus
P.P ROCKEY – Respondent


Advocates:
For the Appellants/Petitioners: A.R. NIMOD, M.A. AUGUSTINE
For the Respondents: P.K.MANOJKUMAR

JUDGMENT

The original petition is filed with the following prayers:-

(i) issue a direction to the Motor Accidents Claims Tribunal, Irinjalakuda, to act on Ext-P3-P6 memo’s and pass appropriate orders accepting Ext-P7 to P10 “one and same” affidavits and transfer the amounts in deposit to the petitioners as apportioned to them in O.P (M.V) 1372/2010.

(ii) issue such other order or direction as this honourable court deems fit and proper in the circumstances of the case.

2. This Court had directed the Registry to get a report from the Motor Accident Claims Tribunal concerned as to why Exts.P3 to P6 memos submitted by the claimants for transfer of the deposited amounts were not allowed.

3. Pursuant to the above order, a communication has been received dated 13.02.2026 stating that Exts.P7 to P10 affidavits produced by petitioners 1 to 4 cannot be treated as a solemn declaration relating to the subject matter in question, as there was no affirmation or swearing of the affidavit. There is also no proper verification in the affidavit. There is no reason stated for the discrepancy with regard to the address of the petitioners. Further, after the signature of the respective applicants, it is wr

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