Dismissing petitions for condoning delay and setting aside an ex-parte order in a motor accident claim case, the High Court upheld the Tribunal award because the petitioner failed to provide a satisfactory explanation for non-appearance.
Petition for condoning delay and application to set aside ex-parte order dismissed; original petition dismissed.
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 HARUN-UL-RASHID
WEDNESDAY, THE 21ST DAY OF NOVEMBER 2012/30TH KARTHIKA 1934
OP (MAC).No. 3931 of 2012 (O)
IA.NOS. 673/2012 & 674/2012 DATED 28/05/2012 IN OPMV.457/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI.
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PETITIONER(S):
SIVAPRASADAN PILLAI,, AGED 51 YEARS, S/O.RAMAKRISHNA PILLAI,FOUSIYA QUARTERS, CHAPPANANGADI,KOTTAKKAL VIA, MALAPPURAM DISTRICT.
BY ADVS.SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW
RESPONDENT(S):
1. E.M.ABDULLA,, AGED 43 YEARS, S/O. MOHAMMED,ERUMAN THARAKKAL HOUSE, VALIYAPARAMB(VIA)PULIKKAL,MALAPPURAM DISTRICT.
2. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE,UP HILLP.O,MALAPPURAM.
R2 BY ADV. SRI. JOHN JOSEPH VETTIKAD
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 21-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
OP(MAC) NO.3931/2012 O
APPENDIX
PETITIONER'S EXHIBITS:
EXT-P1 TRUE PHOTOCOPY OF THE REGISTRATION PARTICULARS OF OFFENDING VEHICLE REG.NO.KL-2/L-910 ISSUED FROM THE REGIONAL TRANSPORT OFFICER,MALAPPURAM.
EXT-P2 PHOTOCOPY OF THE INFORMATION OBTAINED BY THIS PETITIONER FROM THE REGIONAL TRANSPORT OFFICER,MALAPPURAM,EVIDENCING THAT THE VEHICLE IN QUESTION IS TRANSFERRED FROM THE PETIITONER'S NAME TO ONE ASHARAF,S/O.MOHAMMED,THORAPA HOUSE,KOOTTILANGADI EVER SINCE FROM 3.4.2012.
EXT-P3 PHOTOCOPY OF THE NOTICE IN E.P.32/2010 IN OP(MV)NO.457/2006 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,MANJERI.
EXT-P4 PHOTOCOPY OF THE PETITION DATED 23.1.2012 IN I.A.673/2012. EXT-P5 PHOTOCOPY OF THE PETITION DATED 23.1.2012 IN I.A.674/2012
EXT-P6 CERTIFIED COPY OF THE ORDER DATED 28.05.2012 IN I.A.673/2012 EXT-P7 CERTIFIED COPY OF THE ORDER DATED 28.5.2012 IN I.A.674/2012
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
HARUN-UL-RASHID, J.
O.P.(MAC) No. 3931 of 2012
Dated this the 21st day of November , 2012.
JUDGMENT
I.A. 674/2012 is a petition filed for setting aside the exparte order and I.A.673/2012 was filed for condoning the delay in filing the application for setting aside the exparte order.
In the circumstances, I.A. Nos.673/2012 for condoning the delay was dismissed Consequently, I.A.No. 674/2012 was also dismissed. I find no reason to interfere with the Ext.P6 order passed by the Tribunal.
Accordingly, the original petition is dismissed.
Sd/HARUN-UL-RASHID, Judge.
al/-
2 issues framed by the court
Whether the delay in filing the application to set aside the ex-parte order should be condoned.
Whether the petitioner has made out a satisfactory case to set aside the ex-parte decree.
SIVAPRASADAN PILLAI
E.M.ABDULLA
UNITED INDIA INSURANCE COMPANY LTD.
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
