Single judge issued notice to dispose of review petition and delay application in motor accident case. Court directed tribunal to dispose within one month, undertook not to arrest petitioner, and dismissed need for notice to other respondents.
Directed tribunal to dispose of petitions within one month; stayed arrest of petitioner pending disposal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
OP (MAC).No. 9 of 2016 (O)
---------------------------------(IN I.A. NO. 4475/2015 IN O.P. (MV) NO. 376/2008 ON THE FILES OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI)
PETITIONER/PETITIONER:
----------------------------------------P.J.JACOB S/O. SAMUEL PUTHENPURAYIL HOUSE PALENGARA NILAMBUR TALUK MALAPPURAM DISTRICT
BY ADVS.SRI.P.SAMSUDIN
SRI.K.C.ANTONY MATHEW SRI.JITHIN LUKOSE
RESPONDENTS/RESPONDENTS:
2. SHIHABUDHEEN, S/O. MOHAMMED KUTTY KURUVENGAL HOUSE EDAKKARA P.O., 679 331 MALAPPURAM DISTRICT
3. UNITED INDIA INSURANCE COMPANY LTD. ARAFA BUILDING COURT ROAD MAJERI - 676 121 MALAPPURAM DISTRICT
4. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD. ICICI LOMBARD HOUSE 414 VEER SAVARKAR MARG NEAR SIDDHI VINAYAKA TEMPLE PRABHADEVI, MUMBAI - 400 025
R4 BY ADV. SRI.R.AJITH KUMAR (128/84) R3 BY SRI.JOHN JOSEPH VETTIKAD
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC).No. 9 of 2016 (O)
APPENDIX
PETITIONER(S) EXHIBITS:-
RESPONDENT(S) EXHIBITS :- NIL
/TRUE COPY/
P.A. TO JUDGE.
DCS
V. CHITAMBARESH, J
O.P.(MAC.) No. 9 of 2016
Dated this the 21st day of January, 2016
JUDGMENT
Heard the counsel for the petitioner and the Standing Counsel for respondents 3 and 4. There is no necessity to issue notice to respondents 1 and 2 in the circumstances of the case.
Manjeri to dispose of Exts. P3 and P4 petitions within one month. The parties in O.P.(M.V). No. 376/2008 shall be put on notice and heard. The petitioner undertakes to implead the actual insurer of the vehicle in the review petition. The petitioner shall not be arrested in E.P. No. 9/2013 pending orders on Exts. P3 and P4 petitions.
The original petition is disposed of.
V. CHITAMBARESH JUDGE
DCS
2 issues framed by the court
Whether notice needs to be issued to respondents 1 and 2 in the review and delay petitions.
Whether to arrest the petitioner in execution proceedings pending disposal of review and delay petitions.
P.J.JACOB S/O. SAMUEL PUTHENPURAYIL
NEELANDAN
SHIHABUDHEEN
UNITED INDIA INSURANCE COMPANY LTD.
ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
