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Jaffer vs T.M.Moidheen Koya on 26 August, 2008

Kerala High Court
Jaffer vs T.M.Moidheen Koya on 26 August, 2008
       

  

  

 
 
  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

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