Managing Director vs Jessy Joseph on 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

:: 2 ::

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.

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C.M.P.No.4588 of 2001
M.F.A.No.513 of 2001

JUDGMENT

10TH AUGUST, 2007.

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