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MANAGING DIRECTOR, K.S.R.T.C versus JESSY JOSEPH

High Court of Kerala

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MANAGING DIRECTOR, K.S.R.T.C v. JESSY JOSEPH - MFA No. 513 of 2001 [2007] RD-KL 15411 (10 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 513 of 2001()

1. MANAGING DIRECTOR, K.S.R.T.C
... Petitioner

Vs

1. JESSY JOSEPH
... Respondent

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

Dated :10/08/2007

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.



JUDGMENT

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)

JUDGE

Sd/- (V.GIRI)

JUDGE

sk/ //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

JUDGMENT

10TH AUGUST, 2007.


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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