Disposed

Nisha v. the Kerala State Legal Servicesauthority

Kerala HC17 Oct 2011WP(C)/4320/2009

Case brief

AI extract

What is this about?

Petitioner challenged an award by the KASLA Tribunal for compensation in a motor accident claim arguing lack of settlement prior to merits. The court followed precedents and disposed of the petition, directing the petitioner to approach the Tribunal to decide the claim on merits.

What did the court decide?

Writ petition disposed of leaving petitioner to approach Appropriate Motor Accident Claims Tribunal by filing an application for compensation.

Nisha Vs the Kerala State Legal Servicesauthority — Writ and Judicial Review | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933

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WP(C).No. 4320 of 2009(L)

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--------------------------------

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PETITIONER(S):

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--------------------

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NISHA, W/O. ANANDA KUMAR, BHAVANI BHAVAN, NJARAKKAL, PERINADU.P.O, KOLLAM DISTRICT.

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BY ADV. SRI.S.ABDUL RAZZAK

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RESPONDENT(S):

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---------------------

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1. THE KERALA STATE LEGAL SERVICES AUTHORITY, REPRESENTED BY ITS SECRETARY, NIYAMSAHAYA BHAVAN, HIGH COURT COMPOUND, KOCHI-31.

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2. THE GOVT. OF KERALA, REPRESENTED BY SECRETARY, LAW DEPARTMENT,GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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3. JIJI,

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D/O. VISWANATHAN NAIR, POOVILAZIKATHU, THRIKKARUVA, KANJAVELI.P.O, ANCHALUMOODU, KOLLAM.

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4. SYAM KUMAR.S, SYAM BHAVAN, CHEMMAKADU, PERINADU.P.O, KOLLAM. (DELETED)

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IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 07/07/2010 IN I.A.8997/10.

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5. THE MANAGER, M/S. ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KOLLAM.

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R1 & R2 BY GOVT. PLEADER SRI.JOSEPH GEORGE R5 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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svs

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W.P.(C). NO. 4320/2009

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1: PHOTOGRAPHS OF THE PETITIONER.

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P2: PHOTOGRAPHY OF THE FIR.

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P3: COPY OF PETITIONER'S APPLICATION DATED 07/09/2007 BEFORE THE PL ADALAT FOR SETTLEMENT.

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P4: COPY OF WOUND CERTIFICATE OF THE PETITIONER.

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P5: COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER.

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P6: COPY OF THE INCOME CERTIFICATE.

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P7: COPY OF THE AWARD DATED 10/10/2008 IN O.P.NOS567/2007 & 568/2007.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A. TO JUDGE.

svs

ANTONY DOMINIC, J.

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W.P.(C) No. 4320 OF 2009

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Dated this the 17^th day of October, 2011

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J U D G M E N T

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Heard the learned counsel for the petitioner, the learned Government Pleader and the senior counsel appearing for the 5^th respondent.

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The prayer in this writ petition is to quash Ext.P7, an award passed by the first respondent, in O.P. 567/07. The petitioner is the victim of a motor accident which was the subject matter of O.P.567/07. Petitioner filed Ext.P3 application before the first respondent seeking settlement of the claim for compensation. Despite efforts, the parties could not arrive at a settlement and finally Ext.P7 award was passed awarding Rs.5,37,500/-. Challenging the said award this writ petition has been filed mainly contending that in the absence of settlement the Tribunal could not have decided the claim on merits.

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W.P.(C) No. 4320 OF 2009

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:2 :

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Having heard the counsel on merits and I am satisfied that the issue raised in this writ petition is covered in favour of the petitioner by decisions reported in Ambika Kumary v. State of Kerala (2011 (2) KLT 673)

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and L.I.C. of India v. Suresh Kumar(2011 (2) KLT 970 (SC) .

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Therefore this writ petition is disposed of leaving it open to the petitioner to approach the appropriate Motor Accident Claims Tribunal by filing an application for compensation, in which event the issue will be decided by the Tribunal in accordance with law.

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Sd/- ANTONY DOMINIC, JUDGE

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ul/[true copy]

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P.S. to Judge

Nisha v. the Kerala State Legal Servicesauthority

Case brief

What is this about?

What did the court decide?

Nisha v. the Kerala State Legal Servicesauthority

Case brief

What is this about?

What did the court decide?

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