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MANAGING DIRECTOR, K.S.R.T.C v. JESSY JOSEPH - MFA No. 513 of 2001  RD-KL 15411 (10 August 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMMFA No. 513 of 2001()
1. MANAGING DIRECTOR, K.S.R.T.C
1. JESSY JOSEPH
For Petitioner :SRI.JOSE THETTAYIL, SC, KSRTC
For Respondent :SRI.BEPIN VIJAYAN
The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI
O R D E R
J.B.KOSHY & V.GIRI, JJ.C.M.P.No.4588 of 2001 & M.F.A.No.513 of 2001
Dated this the 10th day of August, 2007.
Koshy, J.C.M.P.No.4588 of 2001 is for condoning the delay of 289 days. Notice was ordered on 22.10.2002. Notice to the 1st respondent was returned unserved stating 'out of India'. Notice to 4th respondent was returned unserved stating 'expired'. Service is not, so far, complete.
2. The claimants are the wife and children of the deceased. The deceased, who was aged 41 years conducting a driving school, died leaving his wife and children. The tribunal has taken only Rs.3,000/- as the monthly income and deducted 1/3rd and calculated compensation. Since notice to the 4th respondent was returned unserved stating 'expired' and no steps were taken to implead the legal representatives, we dismiss the delay condonation petition [C.M.P.No.4588 of 2001] as abated. M.F.A.No.513 of 2001 In the light of the dismissal of C.M.P.No.4588 of 2001, the appeal also will stand dismissed. Sd/- (J.B.KOSHY)
JUDGEsk/ //true copy// P.S. To Judge
J.B.KOSHY & V.GIRI, JJ.C.M.P.No.4588 of 2001 M.F.A.No.513 of 2001
10TH AUGUST, 2007.
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