Disposed

Rajan Daniel v. Gopi

Kerala HC18 Jan 2013OP (MAC)/2544/2012

Case brief

AI extract

What is this about?

Rajan Daniel and Beekay Rajan sought early consideration of an interim application to set aside an ex-parte award in a motor accident case, claiming valid insurance coverage. The court directed the Motor Accident Claims Tribunal to decide the application within two months and stayed coercive recovery proceedings.

What did the court decide?

Directed MAT to dispose of I.A. No. 1574/2012 within two months; coercive proceedings put on hold pending disposal.

Rajan Daniel Vs Gopi — Execution and Attachment | Kerala HC (2013)

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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 V.CHITAMBARESH

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FRIDAY, THE 18TH DAY OF JANUARY 2013/28TH POUSHA 1934

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OP (MACT).No. 2544 of 2012 (O)

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PETITIONER(S):

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RAJAN DANIEL AGED 68 YEARS S/O.DANIEL,RESIDING AT THIKKOOTTATHIL,MANGALAM CHENGANNUR

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BEEKAY RAJAN W/O.RAJAN DANIEL,THIKKOOTTATHIL,MANGALAM CHENGANNUR,PIN-689 121.

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BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)

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RESPONDENT(S):

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GOPI

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S/O.KARUMPAN,MAYALATTUM THARAYIL,VAZHAR MANGALAM,CHENGANNUR.

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BY ADV. SRI.N.ASHOK KUMAR

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THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 18-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(MACT) NO. 2544/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1	:	TRUE COPY OF THE AWARD DATED 18.06.2011 IN OP(MV) 203/2004 OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA.
EXHIBIT P2	:	TRUE COPY OF THE EP NO. 28/2012 IN OP (MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVALIKKARA.
EXHIBIT P3	:	TRUE COPY OF THE IA NO. 1574/2012 FILED BY THE PETITIONERS IN OP (MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA.
EXHIBIT P4	:	TRUE COPY OF THE EA 144/2012 IN EP 28/2012 IN OP(MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA.
EXHIBIT P5	:	TRUE COPY OF THE EA 145/2012 IN EP 28/2012 IN OP(MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA.
EXHIBIT P6	:	TRUE COPOY OF THE ORDER DATED 05.07.2012 IN EA 144/2012 IN EP 28/2012 IN OP(MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVALIKKARA.
EXHIBIT P7	:	TRUE COPY OF THE ORDER DATED 05.07.2012 IN EA 145/2012 IN EP 28/2012 IN OP(MV) NO. 203/2004 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, MAVELIKKARA.

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RESPONDENT(S) EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(MAC) NO. 2544 OF 2012

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Dated this the 18^th day of January, 2013

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JUDGMENT

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The only prayer urged at the time of hearing is for early consideration of Ext.P3 application filed to set aside Ext.P1 award passed ex-parte. The petitioners contend that the vehicle involved in the accident is covered by a valid policy of insurance at the material time.

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I direct the Motor Accident Claims Tribunal, Mavelikkara to dispose of I.A. No. 1574/2012 (Ext.P3) in OP(MV) No. 203/2004 on its file within a period of two months from the date of receipt of a copy of this judgment. The coercive proceedings initiated against the petitioners for realisation of the amount due under Ext.P1 award shall be put on hold till Ext.P3 application is disposed of on merits.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Rajan Daniel v. Gopi

Case brief

What is this about?

What did the court decide?

Rajan Daniel v. Gopi

Case brief

What is this about?

What did the court decide?

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