Petitioner challenged recovery proceedings initiated by insurer after ex-parte award. Court stayed recovery proceedings for three months to enable tribunal to consider petitioner's pending applications.
Respondents 2 and 3 directed to keep recovery proceedings in abeyance for a period of three months.
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 ANIL K.NARENDRAN
TUESDAY,THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940
WP(C).No. 28083 of 2018
PETITIONER:
SIDDIQUE, AGED 57 YEARS, PATTACHALIL HOUSE, CHITTNDA P.O., WADAKKANCHERY THRISSUR DISTRICT-680 585.
BY ADV. SRI.P.V.CHANDRA MOHAN
RESPONDENTS:
1 UNITED INDIA INSURANCE CO. LTD., SARANYA, HOSPITAL ROAD, ERNAKULAM, COCHIN-682 017.
2 THE DISTRICT COLLECTOR, THRISSUR-683 003.
3 THE TAHSILDAR, REVENUE RECOVERY, THALAPPILLY TALUK, TALUK OFFICE, WADAKKANCHERRY, THRISSUR DISTRICT-680 582.
4 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT., REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
R1 BY ADV. MANOJ KUMAR P.K.
R2-R4 SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was arrayed as the 1st respondent in O.P.(MV)No.2906 of 2005 on the file of the Motor Accidents Claims Tribunal, Thrissur, being the registered owner of a Mini Tipper Lorry bearing registration No.KL-07/AK-1297, which was involved in a motor accident, which occurred on 05.05.2005, whereby the claimant in O.P.(MV)No.2906 of 2005, who was a passenger in an autorickshaw bearing registration No.KL-10/C-8922 sustained injuries. Before the Tribunal, the petitioner was set ex-parte. After considering the pleadings and materials on record, the Tribunal passed Ext.P1 award dated 21.06.2012, awarding a total compensation of Rs.1,32,850/- to the claimant, together with 8% interest from 06.12.2005, the date of filing of the claim petition, till realisation, with proportionate cost. Since the driving licence of the petitioner, who was the owner cum driver of the said Tipper Lorry was not placed on record, the 1st respondent Insurer was directed to deposit the
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compensation together with interest and cost before the Tribunal and get it recovered from the petitioner, by initiating appropriate proceedings.
2. Now the petitioner is before this Court in this writ petition, feeling aggrieved by the recovery proceedings initiated pursuant to Ext.P10 demand notice dated 05.07.2018. The learned counsel for the petitioner would point out that Exts.P2 to P7 applications filed by the petitioner in order to set aside the ex-parte order/award; to condone the delay in filing the applications; application for review; and application for stay of execution proceedings, are pending consideration before the
Tribunal. Along with the writ petition, the petitioner has produced Ext.P8 driving licence particulars in order to show that, as on the date of accident, he was holding a valid driving licence with badge to drive the offending vehicle and as such, the Tribunal ought not to have granted recovery right to the insurer.
3. Heard the learned counsel for the
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petitioner, the learned Standing Counsel for the 1st respondent Insurer and also the learned Senior Government Pleader appearing for respondents 2 to 4.
4. The learned Standing Counsel for the 1st respondent Insurer would submit that Ext.P8 driving licence particulars produced along with the writ petition would indicate that the petitioner was holding a valid driving licence and authorisation at the time of accident and it is for the petitioner to substantiate the said fact before the Tribunal by producing the original driving licence and other particulars.
5. The learned counsel for the petitioner would submit that, on account of shifting the office of Motor Accidents Claims Tribunal, Thrissur, the files in O.P.(MV)No.2906 of 2005 were misplaced and the same are traced out recently. Exts.P2 to P7 applications are yet to be listed before the Tribunal by incorporating the same in the original case records of that claim petition.
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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing respondents 2 and 3 to keep in abeyance recovery proceedings pursuant to Ext.P10 demand notice for a period of three months, so as to enable the petitioner to bring up Exts.P2 to P7 applications before the Tribunal for consideration. If there is any delay in final disposal of the said applications, within a period of three months, it would be open to the petitioner to get appropriate orders from the Tribunal in Ext.P7 application for stay.
Sd/ANIL K.NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 A TRUE COPY OF THE AWARD DATED 21.06.2012 IN OP(MV)NO.2906/2005 OF THE M.A.C.T, THRISSUR. |
|---|---|
| EXHIBIT | P2 A TRUE COPY OF THE I.A 2648/2018 TO SET ASIDE THE EX-PARTE ORDER IN OP(MV)NO.2906/2005. |
| EXHIBIT | P3 A TRUE COPY OF THE I.A.NO.2649/2018 FOR CONDONING THE DELAY IN FILLING THE PETITION FOR SETTING ASIDE THE EX- PARTE ORDER. |
| EXHIBIT | P4 A TRUE COPY OF R.P.NO.2647/2018 IN O.P(MV)NO.2906/2005. |
| EXHIBIT | P5 A TRUE COPY OF E.A.NO.72/2018 TO SET ASIDE THE EX-PARTE ORDER IN E.P.NO.145/2017. |
| EXHIBIT | P6 A TRUE COPY OF THE E.A.NO.73/2018, TO STAY THE REVENUE RECOVERY PROCEEDINGS IN E.P.NO.145/2017. |
| EXHIBIT | P7 A TRUE COPY OF E.A.NO.74/2018, FOR STAYING THE EXECUTION PROCEEDINGS IN E.P.NO.145/2017. |
| EXHIBIT | P8 A TRUE COPY OF DRIVING LICENSE PARTICULARS OF THE PETITIONER. |
| EXHIBIT | P9 A TRUE COPY OF THE PERMIT PARTICULARS OF THE VEHICLE. |
| EXHIBIT RESPONDE |
P10 A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 05.07.2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. NTS' EXHIBITS: NIL |
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether recovery proceedings initiated against the registered owner cum driver of the vehile by the insurer ought to be stayed pending consideration of pending miscellaneous applications before the Mo
Siddique
United India Insurance Co. Ltd.
The District Collector, Thrissur
The Tahsildar, Revenue Recovery, Thalappilly Taluk
State of Kerala Represented by Secretary to Govt., Revenue Department
Anil K.Narendran
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
