Dismissed

The Managing Director v. C.S.Surendran

Kerala HC23 Jul 2012OP (MAC)/2361/2012

Case brief

AI extract

What is this about?

The petitioner, managing director of KSRTC, filed a writ petition to set aside an interim award of the Motor Accidents Claims Tribunal which was finalized due to its being exparte. The court dismissed the petition, holding it to be a stale and time-barred claim that did not merit consideration under Article 226.

What did the court decide?

The writ petition was dismissed; the interim award stands affirmed and is not set aside.

The Managing Director Vs C.S.Surendran — Motor Accident Claims | Kerala HC (2012)

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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 K.SURENDRA MOHAN

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MONDAY, THE 23RD DAY OF JULY 2012/1ST SRAVANA 1934

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OP (MACT).No. 2361 of 2012 (O)

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OPMV.155/2002 of SPL.COURT FOR EC ACT CASES &MACT,TSR

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PETITIONER(S):

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THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, FORT THIRUVANANTHAPURAM-23

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BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC

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RESPONDENT(S):

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1. C.S.SURENDRAN, AGED 42 YEARS

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S/O.SANKARAN, CHULLIVALAPPIL HOUSE, ALPPARA DESOM

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PEECHI VILLAGE, THRISSUR TALUK AND DISTRICT

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PIN-680653

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2. NATIONAL INSURANCE COMPANY LTD.,

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DIVISIONAL OFFICE, VAZHUTHACAUD

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THIRUVANANTHAPURAM-695014

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REPRESENTED BY ITS MANAGER

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BY STANDING COUNSEL SRI.M.A.GEORGE.

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THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 23-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MACT).No. 2361 of 2012 (O)

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APPENDIX

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PETITIONER(S) EXHIBITS:-

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EXHIBIT P1: TRUE COPY OF THE INSURANCE POLICY OF THE 2ND RESPONDENT PERTAINING TO THE BUS BEARING REGISTRATION NO.KL-15/4613

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EXHIBIT P2: TRUE COPY OF THE AWARD DATED 30.3.2007 IN OP (MV)NO.155/2002 OF THE LEARNED MOTOR VEHICLE ACCIDENTS CLAIMS TRIBUNAL, THRISSUR EXHIBIT P3: TRUE COPY OF THE INTERIM ORDER DATED 28.3.2012 IN OP(MAC)NO.1127/2012 OF THIS HON'BLE COURT.

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RESPONDENTS' EXHIBITS:- NIL.

( TRUE COPY )

PA TO JUDGE.

Kvs/-

K.SURENDRA MOHAN, J.

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= = = = = = = = = = = = = OP(MAC).No.2361 of 2012. = = = = = = = = = = = = =

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Dated this the 23^rd July, 2012.

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J U D G M E N T

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The petitioner is the Managing Director of the Kerala State Road Transport Corporation. The first respondent had filed OP(MV).No.155/2002 before the Motor Accidents Claims Tribunal, Thrissur claiming compensation for injuries suffered in a motor accident involving a bus owned by the petitioner. According to the petitioner, the vehicle concerned was covered by a valid policy of insurance, which fact was not brought to the notice of the Tribunal. Therefore, the Tribunal awarded an amount of Rs.3,200/- as compensation to the first respondent. Since the amount was not paid, execution proceedings have been set in motion and are pending against the petitioner.

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According to the petitioner, the Insurance Company should have been made liable for the amount of compensation awarded. Therefore, the petitioner seeks the

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OP(MAC).No.2361/2012.

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issue of appropriate directions setting aside Ext.P2.

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A perusal of Ext.P2 shows that the same is dated 30.3.2007. Ext.P2 also shows that the petitioner was exparte in the proceedings. The petitioner had a right of appeal against Ext.P2, which the petitioner has not exercised. Therefore, Ext.P2 Award has become final. The belated attempt of the petitioner to challenge Ext.P2 which has become final long ago does not merit any consideration. It is clear that the petitioner was not at all vigilant in prosecuting the matter before the Motor Accidents Claims Tribunal. There is no explanation for the enormous delay in filing this case. It is well settled that the remedy under Article 226 of the Constitution is not available to agitate stale and time barred claims. I do not find any ground to interfere with the impugned Award.

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This writ petition fails and it is accordingly dismissed.

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K.SURENDRA MOHAN, (Judge)

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Kvs/-

The Managing Director v. C.S.Surendran

Case brief

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The Managing Director v. C.S.Surendran

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