Remanded

Mathew John v. the Oriental Insurance Co.

Kerala HC16 Jan 2013OP (MAC)/3467/2012

Case brief

AI extract

What is this about?

The High Court set aside ex-parte awards in four motor accident claim petitions against the vehicle owner and driver, holding they were prevented by sufficient cause for non-appearance. The matter was remanded to the Tribunal for fixing liability, noting the quantum of compensation was already concluded.

What did the court decide?

Ex-parte award and common order set aside; matter remanded to Tribunal for fixing liability on insured or insurer to pay compensation within two months.

Mathew John Vs the Oriental Insurance Co. — Motor Accident Claims | 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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WEDNESDAY, THE 16TH DAY OF JANUARY 2013/26TH POUSHA 1934

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OP (MACT).No. 3467 of 2012 (O)

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AGAINST THE COMMON ORDER DATED 05.06.2012 OF MACT, OTTAPPALAM IN

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IA NOS. 3573, 3574, 3575 & 3576 OF 2011 IN OPMV.1298/2007 IA NOS. 3577, 3578, 3579 & 3580 OF 2011 IN OPMV.1299/2007 IA NOS. 3581, 3582, 3583 & 3584 OF 2011 IN OPMV.1300/2007 IA NOS. 3585, 3586, 3587 & 3588 OF 2011 IN OPMV.1301/2007

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PETITIONER(S):

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MATHEW JOHN AGED 51 YEARS S/O. LATE M.K.JOHN,KIZHAKAMBALAM PLANTATION SHOLAYOOR AMSOM,MANNARKADU TALUK,SHOLAYOOR P.O. PIN-678581.

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JOHN ZACHARIA AGED 44 YEARS MANAGING PARTNER,M/S. UNITEK POWER SYSTEMS MASJID ROAD,ALUVA P.O.,PIN-683101.

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BY ADVS.SRI.V.K.ISSAC SRI.ISAC SANJAY

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RESPONDENT(S):

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THE ORIENTAL INSURANCE CO. LTD. PATTAMANA BUILDING,PUMP JUNCTION RAILWAY STATION ROAD,ALUVA,PIN-683101.

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MRS. MOLY GEORGE, AGED 50 YEARS WIFE OF T.P.GEORGE,THANATTUPARAMBIL,PANNIKUZHY HOUSE VAYALOOR,SHOLAYOOR P.O.,PIN-678581 MANARKADU TALUK,PALAKKADU DISTRICT.

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T.P. GEORGE, AGED 56 YEARS S/O. PILO,THANATU PARAMBIL,PANNIKUZHI HOUSE VAYALOOR,SHOLAYUR P.O.,PIN-678581 MANNARAKKADU TALUK,PALAKKADU DISTRICT.

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OP(MAC) NO. 3467/2012

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MRS. RENJITHAM, AGED 43 YEARS WIFE OF KANNAPPAN,SIRUVANI ESTATE,SHOLAYUR P.O. PIN-678581,MANNARKADU TALUK,PALAKKADU DISTRICT.

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USHA RANI, AGED 26 YEARS D/O. KANNAPPAN,SIRUVANI ESTATE,SHOLAYUR P.O. PIN-678581,MANNARKAD TALUK,PALAKKADU DISTRICT.

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R1 BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) R2 TO 5 BY ADV. SRI.SAJAN VARGHEESE K. R2 TO 5 BY ADV. SRI.LIJU. M.P

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THIS OP (MACT) HAVING BEEN FINALLY HEARD ON 16-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(MAC) NO. 3467/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1:TRUE COPY OF MOTOR INSURANCE CERTIFICATE CUM POLICY SCHEDULE-PRIVATE CAR LIABILITY ONLY POLICY-ZONE B DTD 26/6/2006 .

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EXT.P2:TRUE COPY OF SCHEDULE OF PREMIUM DTD 26/6/2006 EXT.P3:TRUE COPY OF OP(MV)NO.1298/2002 DTD 04/12/2007 EXT.P4:TRUE COPY OF OP (MV)NO 1299/2007 DTD 4/12/2007 EXT.P5:TRUE COPY OF OP(MV)NO 1300/2007 DTD 4/12/2007 EXT.P6:TRUE COPY FO THE OP(MV)NO.1301/2007 DTD 4/12/2007 EXT.P7:TRUE COPY OF COMMON AWARDIN OPMV NO 1298/2007 1299/2007,DTD 09/04/2010 EXT.P8:TRUE COPY OF COMMON ORDER DTD 5/6/2012 IN IA NOS.3573,3574,3575 & 3576 OF 2011 IN OP (MV)NO 1298/2007 IA NOS 3577,3578,3579 & 3580 OF 2011 IN OP(MV)1299/2007 IA NOS 3581,3582,3583 & 3584 OF 2011 IN OP(MV)1300/2007 IA NOS 3585,3586,3587 & 3588 OF 2011 IN OP(MV)1301/2007.

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RESPONDENTS' 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. 3467 OF 2012

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Dated this the 16^th day of January, 2013

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JUDGMENT

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Ext.P8 common order passed refusing to set aside Ext.P7 common award in four claim petitions by the Motor Accidents Claims Tribunal are under challenge. The owner and driver of the jeep involved in the accident contend that they may be afforded an opportunity to contest the claim petitions on merits. The driver of the vehicle (who was the first respondent before the Tribunal) was admittedly not served with notice in the claim petitions. The notices were returned as unclaimed which was deemed to be sufficient service of notice by the Tribunal. The owner who was the second respondent in the claim petitions did not appear before the Tribunal despite service of notice.

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The driver and owner have a contention that the vehicle is fully insured and that no liability could be fastened on them for payment of compensation. The insurer on the other hand points out that the claimants are gratitious passengers who cannot be covered by the Act only insurance policy. I am of the

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WP(C) No. 3467/2012

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view that the driver was prevented by sufficient cause for his non appearance in the claim petitions before the Tribunal. The ex-parte awards in all the claim petitions as against the owner and driver should be set aside for effective and proper adjudication of the issue.

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I set aside Ext.P7 common award and Ext.P8 common order in exercise of the jurisdiction under Article 227 of the Constitution of India. The remand is only for the purpose of fixing the liability on the insured or the insurer for payment of compensation to the claimants. The quantum of compensation to which the claimants are entitled is however concluded by the findings in Ext.P7 judgment. The Motor Accident Claims Tribunal shall take the proceedings to a logical end within a period of two months from the date of receipt of a copy of this judgment. The parties will appear before the Tribunal on 04.02.2013.

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The OP(MACT) is disposed of. No costs.

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V. CHITAMBARESH JUDGE

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ncd

Mathew John v. the Oriental Insurance Co.

Case brief

What is this about?

What did the court decide?

Mathew John v. the Oriental Insurance Co.

Case brief

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What did the court decide?

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