High CourtsDivision Bench(2012) 11 KL CK 0080

New India Assurance Co. Ltd. vs Kunjumole

High Court Of Kerala · Decided on 17 November 2012 · Citation: (2013) 1 KLJ 197 : (2012) 4 KLT 785

HON’BLE JUDGES
M.L. Joseph Francis, J · K.T. Sankaran, J
RESULT
Dismissed
CASE NUMBER
I.A. No. 2645 of 2012 in M.A.C.A. No. 2242 of 2012

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Judgment

3 paragraphs · 292 words

K.T. Sankaran, J

1.

This application is filed by the appellant to grant one month''s time for producing legible certified copy of the judgment The Registry has noted at defect that the certified copy of the judgment is not legible. It is in that context the application has been filed. We do not think that the appellant can be made liable to produce another certified copy of the award. The certified copy issued by the Motor Accidents Claims Tribunal is a certified photocopy of computer printed judgment. It is the duty of the Tribunal to issue legible certified copy. The litigants cannot be put to trouble by issuing illegible copies. It is not just and proper to direct the parties to go back to the Tribunal and get another legible certified copy of the judgment or award. What is the guarantee that a legible certified copy will be issued on the second occasion? Who will bear the expenses for getting the second copy? It is for the Court to ensure that the copies issued by it are legible, readable and clear. Every party is entitled to read the judgment. Certified copy of judgment is issued not for the purpose of the Appellate Court alone. Primarily Judgment is for the purpose of the litigants. If the litigant cannot read the judgment, how can he file an appeal in time? Would the time taken for getting second legible certified copy be excluded in computing the period of limitation? Certainly not. If so, we do not find any justification to insist for producing another certified copy. Let the Registry address the Tribunal and get another legible and readable copy of the judgment from the Tribunal.

For the aforesaid reasons, the application is closed as unnecessary.