Discussed a Motor Accidents Claims Tribunal order dismissing a petition for lack of representation and maintainability. The court dismissed the writ petition, reserving liberty of the petitioner to approach the Tribunal via a proper appeal.
The writ petition is dismissed with liberty to file a proper petition before the Tribunal to set aside the ex parte order.
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 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
OP (MAC).No. 74 of 2014 (O)
OPMV 1057/2012 of M.A.C.T., ERNAKULAM
PETITIONER(S)/CLAIMANT :-
JIJO THOMAS, AGED 31 YEARS S/O. THOMAS, RESIDING AT POWATHIL HOUSE, P.O. KUMBALAM KOCHI-682 506.
BY ADVS.SRI.C.S.MANU SRI.S.K.PREMRAJ
RESPONDENT(S)/RESPONDENTS :-
1. ANOOP VARGHESE AGE NOT KNOWN TO THE PETITIONER, S/O. VARGHESE, RESIDING AT PURAKKAT HOUSE P.O. KUMBALAM, KOCHI-682 506.
2. NATIONAL INSURANCE CO. LTD., CHITTUR ROAD, SOUTH JUNCTION, KOCHI-682 016.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16-062014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
OP (MAC).No. 74 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT P1. TRUE COPY OF THE OPMV NO. 1057 OF 2012 ON FILES OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM.
EXHIBIT P2. TRUE COPY OF THE AWARD IN OPMV NO. 1057 OF 2012 ON FILES OF THE HON'BLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM.
RESPONDENT(S)' EXHIBITS :- NIL
//TRUE COPY//
P.A. TO JUDGE
K. SURENDRA MOHAN, J.
O.P.(MAC) No.74 of 2014
Dated this the 16th day of June 2014
J U D G M E N T
The petitioner challenges Ext.P2 order of the Motor Accidents Claims Tribunal, Ernakulam dismissing O.P.(MV) No.1057/2012 for the reason that there was no representation. It is also observed by the Tribunal that, the petition was a composite one filed under Sections 166 and 163A of the Motor Vehicles Act, 1988 and so, the petition was not maintainable.
Reserving the said liberty of the petitioner, this Writ Petition is dismissed.
Sd/K. SURENDRA MOHAN, JUDGE.
Jvt
1 issue framed by the court
Whether the dismissal of the original petition by the Tribunal for lack of representation warrants relief under writ jurisdiction.
Jijo Thomas
Anoop Varghese
National Insurance Co. Ltd.
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
