Rajan v. Preman
Case brief
What is this about?
The High Court directed the Motor Accident Claims Tribunal, Irinjalakuda, to consider petitions filed to set aside an ex-parte award passed against the petitioner. The Court stayed enforcement of the award pending hearing of those applications and recalled the Tribunal to decide within two weeks.
What did the court decide?
Direction to Motor Accident Claims Tribunal to consider applications to set aside ex-parte award and stay enforcement of the award pending
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
TUESDAY, THE 14TH DAY OF JULY 2015/23RD ASHADHA, 1937
OP (MAC).No. 93 of 2015 (O)
---------------------------(OP(MV).NO. 705/2009 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA DATED 16-04-2014)
PETITIONER :
RAJAN, AGED 59 YEARS,S/O.KRISHNAN, MUPARATHI VEETTIL, PORATHISSERY, VILLAGE DESOM, THRISSUR DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
1. PREMAN, AGED 47 YEARS,S/O.SEKHARAN, ERASSERY HOUSE, KOOTHUPARAMBA DESOM, PORATHUSSERY VILLAGE DESOM, THRISSUR DISTRICT-680 001.
Issues for consideration
2 issues framed by the court
Whether the High Court can direct the Motor Accident Claims Tribunal to consider applications to set aside an ex-parte award after condoning delay.
Whether proceedings for enforcement of the ex-parte award should be stayed pending consideration of the setting aside applications.
Parties & counsel
- petitioner
RAJAN
- respondent
PREMAN
- respondent
RANEESH M.R.
- respondent
RAJAN NAIR
- respondent
THE NEW INDIA INSURANCE COMPANY LTD.
Case details
As recorded by the court registry
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