Disposed

Benny Davis v. Premdas

Kerala HC6 Jan 2016OP (MAC)/1/2016

Case brief

AI extract

What is this about?

This order directs the Motor Accidents Claims Tribunal to dispose of petitions seeking to set aside an ex-parte award and condone delay, while staying the insurer's right to recover compensation from the petitioner until such orders are passed.

What did the court decide?

Directed MACT to dispose of pending applications within two months and stay the insurer's right to recover compensation from the petitioner during that period.

Benny Davis Vs Premdas — Motor Accident Claims | Kerala HC (2016)

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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 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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OP (MAC).No. 1 of 2016 (O)

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IN IA NO. 4084/2015 IN IA NO. 4199/2015 IN OPMV NO. 1460/2008 of MACT, IRINJALAKUDA

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PETITIONER:

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BENNY DAVIS, S/O. DAVIS, EDAPPILLY HOUSE, P.O., KADUPPASSERY, VELOOKKARA, IRINJALAKUDA.

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BY ADV. SRI.SHEEJO CHACKO

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RESPONDENTS:

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PREMDAS, AGED NOW 39 YEARS, S/O. AYYAPPAN, ALATH HOUSE, NEAR WARRIER SHOP, P.O. ANANDAPURAM, THRISSUR 680 323.

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DEENY DAVIS, S/O. DAVIS, EDAPPILLY HOUSE, P.O. KADUPPASSERY, VELOOKKARA, IRINJALAKUDA, THRISSUR DISTRICT.

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NATIONAL INSURANCE COMPANY LTD., MAIN ROAD, IRINJALAKUDA, THRISSUR - 680 121.

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R3 BY STANDING COUNSEL SRI.M.A.GEORGE

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(MAC) NO. 1/2016

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE OP(MV) 14608/2008 ON THE FILES OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA.

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EXHIBIT P2 : TRUE COPY OF THE AWARD DATED 17.11.2014 IN OP(MV) 1460/2008 ON THE FILES OF MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA

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EXHIBIT P3 : TRUE COPY OF THE IA 2502/2015 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA

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EXHIBIT P4 : TRUE COPY OF THE I.A. 4084/2015 IN MVOP NO. 1460/2008 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA

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EXHIBIT P5 : TRUE COPY OF THE IA 4199/2015 IN MVOP NO. 1460/2008 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA EXHIBIT P6 : TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN IA 4084/2015 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA EXHIBIT P7 : TRUE COPY OF THE DRIVING LICENSE NO. 45/4979/2004 ISSUED TO THE PETITIONER.

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RESPONDENT(S) EXHIBITS : NIL

/TRUE COPY/

P.S. TO JUDGE.

ncd

V.CHITAMBARESH, J.

--------------------O.P (MAC) No. 1 of 2016

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Dated this the 6^th day of January, 2016

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The petitioner has filed I.A.No.4084/2015 to set aside the ex-parte Award in M.V.O.P.No.1460/2008. The same is supported by I.A.No.4199/2015 to condone the delay in filing I.A.No.4084/2015.

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I have heard the standing counsel for the third respondent and no notice need be issued to the first respondent claimant or the second respondent owner of the vehicle.

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I direct the Motor Accidents Claims Tribunal, Irinjalakuda to dispose of I.A.Nos.4084/2015 and 4199/2015. The same shall be done within a period of two months from the date of receipt of this judgment.

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The first respondent claimant has already been paid the compensation amount by the third respondent Insurance Company. Ext.P2 Award however permits the third respondent to realise the same from

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O.P (MAC) No.1 of 2016

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the petitioner. Such realisation shall be put on hold till orders are passed in I.A.Nos.4084/2015 and 4199/2015 as directed above.

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The Original Petition is disposed of.

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Sd/V.CHITAMBARESH, Judge.

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nj/6.01.2016

Benny Davis v. Premdas

Case brief

What is this about?

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Benny Davis v. Premdas

Case brief

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