High CourtsSingle Bench(2021) 08 KL CK 0029

Abdul Khader S/o Shahum Hameed vs Abdul Majeed (Deleted)

High Court Of Kerala · Decided on 2 August 2021

HON’BLE JUDGES
C.S.Dias, J
RESULT
Dismissed
CASE NUMBER
MACA NO. 2538 Of 2008

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Judgment

11 paragraphs · 208 words

C.S.Dias,J

1.

This appeal is filed challenging the award dated 24.02.2007 in OP(MV)No.1086 of 2000 of the Motor Accidents Claims Tribunal, Palakkad. The

appellant was the petitioner before the Tribunal. He has filed this appeal dissatisfied with the quantum of compensation awarded by the Tribunal.

2.

When the appeal was taken up for consideration, the learned counsel appearing for the 5th respondent insurer brought to the notice of this Court

that, the 5th respondent had challenged the impugned awards before this Court in MACA No.1906 of 2007. This Court by judgment dated 11.01.2010

allowed the appeal and remitted the matter back to the Tribunal for fresh consideration. Thereafter, the Tribunal has passed a fresh award. However,

the learned counsel appearing for the appellant submits that the appellant was unaware of the above said facts, and that is why the appeal was being

prosecuted without challenging the new award passed by the Tribunal subsequent to the remand. Therefore, the learned counsel for the appellant

seeks permission to withdraw the appeal, with liberty to pursue his remedies in accordance with law.

In view of the above mentioned state of affairs the appeal is dismissed as withdrawn, after granting leave to the appellant to pursue his remedies in

accordance with law.