IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 403 of 2007()
1. JAFFER, S/O.USSAIN,
... Petitioner
Vs
1. T.M.MOIDHEEN KOYA, S/O.POWER OF
... Respondent
2. ABDUL RAHIMAN, MANICHIRA,
3. THE MANAGER, NEW INDIA ASSURANCE
For Petitioner :SRI.G.G.MANOJ
For Respondent :SRI.S.MAMMU
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/08/2008
O R D E R
M.N.KRISHNAN, J.
--------------------------
M.A.C.A. No. 403 OF 2007
---------------------
Dated this the 26thday of August, 2008
JUDGMENT
This appeal is preferred against the award passed by the Motor
Accident Claims Tribunal, Kalpetta, Wayanad, in OP(MV) 164/97. The
claimant sustained injuries in a road accident on 16.4.91.
2. The Insurance Company had raised a contention that the
petition is not maintainable for the reason that an earlier petition filed by the
same petitioner on the same cause of action had been dismissed by the
Tribunal on the ground of limitation on 2.4.04. The said OP(MV) was
numbered as 168/93.
3. It is true that after coming into force of the amended Act,
provision dealing with the limitation has been taken away. It is a settled
principle that if the matters of such cases are pending before the appellate
or revisional jurisdiction certainly, one will be entitled to the benefit of the
Act. But when the matter has been dismissed and it has been allowed to
become final, the law precludes the party from filing another application on
the same cause of action. I find the Tribunal was perfectly justified in
finding that the petition is not maintainable. Therefore it does not suffer
from any infirmity.
The appeal lacks merit and it is accordingly dismissed.
M.N.KRISHNAN, JUDGE
vps
