Partly allowed

Mani K. v. the Oriental Insurance Company Ltd.

Kerala HC20 Jan 2016OP (MAC)/8/2016

Case brief

AI extract

What is this about?

The petitioner filed an original petition seeking a stay on revenue recovery proceedings against his immovable property while applications to set aside an ex-parte award and condone delay are pending before the Motor Accidents Claims Tribunal.

What did the court decide?

Revocation of coercive steps to distraint immovable property until disposal of pending set-aside and condonation applications by the tribunal within one month.

Mani K. Vs the Oriental Insurance Company Ltd. — 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 20TH DAY OF JANUARY 2016/30TH POUSHA, 1937

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OP (MAC).No. 8 of 2016 (O)

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(I.A.Nos.2258/2015 & 2259/2015 in OP(MV) No.801/2009 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, OTTAPPALAM.)

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PETITIONER(S):

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MANI K., AGED 54 YEARS

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S/O RAJAN, RESIDING AT PUZHAKKAL VEEDU, VATTIPARA MANGATTIDAM VIA, KUTHUPARAMBA, KANNUR DISTRICT

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BY ADV. SRI.C.K.SREEJITH

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RESPONDENT(S):

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THE ORIENTAL INSURANCE COMPANY LTD. UNITY COMPLEX, S.M. PARK, KANNUR DIST-670 001

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THE TAHSILDAR

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REVENUE RECOVERY, THALASSERY-670 101

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THE VILLAGE OFFICER, PADUVILAI PO, KANNUR

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R BY SR.GOVERNMENT PLEADER SMT.K.A.SANJEETHA. R BY SMT.K.S.SANTHI

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 20-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 8 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT

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EXT.P2: THE TRUE COPY OF THE PETITION FILED FOR SETTING ASIDE THE EXPARTEE AWARD

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EXT.P3: THE TRUE COPY OF THE PETITION FILED FOR CONDONING THE DELAY ABOUT 720 DAYS IN FILING THE PETITION FOR SETTING ASIDE THE EXPARTEE

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RESPONDENT(S)' EXHIBITS : NIL.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J. --------------------O.P (MAC) No.8 of 2016 --------------------Dated this the 20^th day of January, 2016

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The petitioner has suffered an ex-parte Award in O.P (MV) No.801/2009 on the file of the Motor Accidents Claims Tribunal, Ottappalam. It appears that the claimant has already been paid the compensation amount by the insurer and steps are afoot to realise the same from the petitioner.

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The petitioner has filed Ext.P2 application to set aside the ex-parte Award and Ext.P3 application to condone the delay in seeking to set aside the ex-parte Award. Both the applications are pending consideration on the file of the Tribunal.

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The limited prayer put forth is that the revenue recovery proceedings in execution of the exparte Award may be put on hold in the meanwhile. The immovable property of the petitioner is sought to be distrained under Ext.P1 notice issued under the Revenue Recovery Act.

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I direct the Motor Accidents Claims Tribunal, Ottappalam to dispose of Exts.P2 and P3 applications within a period of one month. The

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OP(MAC) No.8 of 2016

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petitioner as well as the first respondent insurer shall be put on notice and heard. The coercive steps pursuant to Ext.P1 notice shall be put on hold till orders are passed on Exts.P2 and P3 applications. The petitioner shall produce a copy of the writ petition along with the judgment before the Tribunal for compliance.

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The Original Petition is disposed of as above.

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Sd/V.CHITAMBARESH, Judge.

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nj/20.01.2016

Mani K. v. the Oriental Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

Mani K. v. the Oriental Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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