The High Court dismissed a writ petition filed by the State Transport Corporation against a final award of the Motor Accidents Claims Tribunal. The Court held that the award became final after the petitioner failed to exercise its right of appeal due to lack of vigilance, and thus the writ remedy was not available for this time-barred claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
MONDAY, THE 23RD DAY OF JULY 2012/1ST SRAVANA 1934
OP (MACT).No. 2363 of 2012 (O) -----------------------------OPMV.899/2000 of M.A.C.T.,KOLLAM
PETITIONER(S):
THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, FORT THIRUVANANTHAPURAM-23
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC
RESPONDENT(S):
1. KRIPALINI
DWARAKA, PUTHENNADA, THEKKEVILA
KOLLAM-691016
2. NATIONAL INSURANCE COMPANY LTD.,
BY STANDING COUNSEL SRI.M.A.GEORGE.
THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 23-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MACT).No. 2363 of 2012 (O)
APPENDIX
PETITIONER(S) EXHIBITS:-
EXHIBIT P1: TRUE PHOTOCOPY OF THE INSURANCE POLICY OF THE 2ND RESPONDENT PERTAINING TO THE BUS BEARING REGISTRATION NO.KL 15/3277
EXHIBIT P1(A): TRUE COPY OF THE STATEMENT DATED 4.4.2001 FILED BY THE CORPORATION IN OP(MV)NO.899/2000
EXHIBIT P2: TRUE COPY OF THE AWARD DATED 23.11.2006 IN OP(MV) NO.89/2000 OF THE LEARNED MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOLLAM. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 27.4.2011 IN I.A.NO.1278/2007 IN OP(MV)NO.899/2000 OF THE LEARNED MOTOR VEHICLE ACCIDENTS CLAIMS TRIBUNAL, KOLLAM EXHIBIT P4: TRUE COPY OF THE INTERIM ORDER DATED 28.3.2012 IN OP(MAC)NO.1127/2012 OF THIS HON'BLE COURT.
RESPONDENTS' EXHIBITS:- NIL.
( TRUE COPY )
PA TO JUDGE.
Kvs/-
K.SURENDRA MOHAN, J.
= = = = = = = = = = = = = OP(MAC).No.2363 of 2012. = = = = = = = = = = = = =
Dated this the 23rd July, 2012.
J U D G M E N T
The petitioner is the Managing Director of the Kerala State Road Transport Corporation. The first respondent had filed OP(MV).No.899/2000 before the Motor Accidents Claims Tribunal, Kollam 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.9,105/- 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.
Company should have been made liable for the amount of compensation awarded. Therefore, the petitioner seeks the
OP(MAC).No.2363/2012.
2
issue of appropriate directions setting aside Ext.P2.
This writ petition fails and it is accordingly dismissed.
K.SURENDRA MOHAN, (Judge)
Kvs/-
2 issues framed by the court
Whether the High Court can interfere with a final award of the Motor Accidents Claims Tribunal where the petitioner was ex parte and delayed in filing the appeal.
If the belated attempt to challenge the impugned award deservs judicial review under Article 226 of the Constitution.
THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION
KRIPALINI DWARAKA
NATIONAL INSURANCE COMPANY LTD.
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
