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EPPACHAN. M.M., S/O. LATE KURIAN versus PARAKANDY PAVITHRAN, S/O. RAGHAVAN

High Court of Kerala

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EPPACHAN. M.M., S/O. LATE KURIAN v. PARAKANDY PAVITHRAN, S/O. RAGHAVAN - WP(C) No. 19086 of 2005(V) [2007] RD-KL 10976 (22 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19086 of 2005(V)

1. EPPACHAN. M.M., S/O. LATE KURIAN,
... Petitioner

2. ALEASE. M.K., D/O. LATE KURIAN,

3. SHAJI. M.K., S/O. LATE KURIAN,

4. BENNY M.K., S/O. LATE KURIAN,

Vs

1. PARAKANDY PAVITHRAN, S/O. RAGHAVAN
... Respondent

2. KAUSALYA, W.S. HOUSE,

3. UNITED INDIA INSURANCE CO.LTD.,

4. RAJU. K. GEORGE, W/O. GEORGE,

5. THE NEW INDIA ASSURANCE CO.LTD.,

For Petitioner :SRI.M.RAMESH CHANDER

For Respondent :SRI.N.S.MOHAMMED USMAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :22/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO. 19086 of 2005

Dated this the 22nd day of June 2007



JUDGMENT

Ext.P2 is an order under which the Motor Accident Claims Tribunal refused to condone the delay of 1733 days caused in the matter of filing impleading application by the petitioners on the basis that they are also the legal heirs of the deceased first petitioner one Mariyam Kurian. Having gone through Ext.P2, I am not able to say that exercise of discretion by the learned Tribunal in the matter of condonation of delay has been irregular or improper. I refuse to invoke the supervisory jurisdiction under Article 227 so as to interfere with Ext.P2. Obviously, the original petition for compensation has not abated in full. If it is the case of the present petitioners, that they are also sharers, nothing prevents them from seeking appropriate remedies against the persons in whose favour the award is passed. WPC No19086/2005 2 Subject to the above observation, this writ petition is dismissed. PIUS C. KURIAKOSE,

JUDGE.

Dpk


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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