Disposed

M.M.Scaria v. Raju R

Kerala HC11 Mar 2019OP (MAC)/16/2019

Case brief

AI extract

What is this about?

This writ petition challenged the Tribunal's inaction regarding an application to set aside an ex parte award. The court disposed of the petition after recording that the Tribunal had already allowed said application and deferred recovery pending the final disposal of other related applications.

What did the court decide?

Petition disposed of by dispensing with the need for a fresh order, as the Tribunal had already allowed the filed application.

M.M.Scaria Vs Raju R — Execution and Attachment | Kerala HC (2019)

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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 ANIL K.NARENDRAN

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MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940

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OP (MAC).No. 16 of 2019

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AGAINST THE AWARD IN OP(MV) 769/2010 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD

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PETITIONER/1ST RESPONDENT:

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M.M.SCARIA

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AGED 62 YEARS

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S/O.M.C.MATHAI, MANIYAM PUDAVATHU HOUSE, VIYYAKURSHI POST, MANNARCAUD TALUK, PALAKKAD.

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BY ADVS.

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SRI.P.V.JAYACHANDRAN SMT.G.N.DEEPA SRI.NIDHI BALACHANDRAN

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RESPONDENTS/PETITIONER & RESPONDENTS 2 AND 3:

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1 RAJU R LATHA NIVAS, NEW COLONY, CHETTISTREET, SULTHANPET, PALAKKAD - 678 582.

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2 SHIBU.K.R. KOZHIKKOTTUTHODI, MYLAMPADAM, MANNARKKAD, PALAKKAD - 678 582.

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3 UNITED INDIA INSURANCE COMPANY LTD. BRANCH OFFICE, P.B.NO.12, D BLOCK, 1ST FLOOR, PAZHERI PLAZA, KODATHIPADI, MANNARKKAD, PALAKKAD - 678 582.

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BY ADV. SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSURANCE COMP.

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(MAC)No.16 of 2019

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:-2-:

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J U D G M E N T

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The petitioner, who is a registered owner of a

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bus bearing registration No.KL-50/4473 which is the

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offending vehicle in O.P.(MV)No.769/2010 on the file of the Motor Accident Claims Tribunal, Palakkad, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Tribunal to dispose I.A.No.3564/2018 filed for setting aside Ext.P2 ex parte award in O.P.(MV)No.769/2010 within a time limit as specified by this Court.

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On 11.2.2019, when this writ petition came

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up for admission, this Court issued urgent notice on admission by speed post to respondents 1 and 2, returnable within three weeks. The learned Standing

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Counsel took notice on admission for the 3^rd respondent. This Court has ordered that recovery pursuant to Ext.P3 demand notice shall be deferred

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O.P.(MAC)No.16 of 2019

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:-3-:

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for a period of one month and the Registry was directed to get a report from the Tribunal as to the present status of I.A.No.3564/2018 and also the time limit required for its final disposal.

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Pursuant to the said order, a report dated 22.2.2019 is received from the Tribunal, which

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reads thus;

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“With reference to the above, I may submit that the 1^st respondent Sri.M.M.Scaria in O.P. (MV)769/10 on the file of this Court has filed two applications No.IA 3564/18 and IA 3565/18 on 22.6.18. IA 3564/18 is to condone the delay in filing application to set aside the exparte award passed against him on 25.10.2014 and IA 3565/18 is to set aside the said exparte award. Notice was served to respondents. The Insurance company filed counter. I have heard the counsel for both sides on 7.2.19 and a Common Order was passed on 20.02.19, allowing the applications.”

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Heard the learned counsel for the

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petitioner and also the learned Standing Counsel

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for the 3^rd respondent insurer. Service of notice is

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not complete on respondents 1 and 2.

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O.P.(MAC)No.16 of 2019

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:-4-:

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Having considered the submissions made by

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the learned counsel for the petitioner, the learned Standing Counsel for the 3^rd respondent insurer and the report dated 22.2.2019 received from the Tribunal, this Court finds that the Tribunal has

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already allowed I.A.No.3564/18 filed by the

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petitioner to set aside Ext.P2 ex parte award in O.P.(MV)No.769/2010, by its order dated 20.2.2019.

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In such circumstances, this original petition

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is disposed of recording the fact that the Tribunal has already disposed of I.A.No.3564/2018 in O.P. (MV)No.769/2010 by its order dated 7.2.2019;

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however, without prejudice to the right of any party to that claim petition, who is feeling

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aggrieved by that order, to challenge it before the appropriate forum.

Sd/-

ANIL K.NARENDRAN

JUDGE

ami/

O.P.(MAC)No.16 of 2019

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:-5-:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RECEIPT EVIDENCING THE PAYMENT OF ROAD TAX DURING THE PERIOD OF 1/1/10 TO 31/3/10 BY THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE AWARD DATED 25TH DAY OF OCTOBER 2014 IN OP (MV) NO.769/10 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD.

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EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 24/5/18 ISSUED BY THE DEPUTY TAHASILDAR, MANNARKKAD, PALAKKAD.

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EXHIBIT P4

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TRUE COPY OF THE IA NO.3564/18 FILED BY THE PETITIONER FOR SETTING ASIDE THE EXHIBIT P2 AWARD.

M.M.Scaria v. Raju R

Case brief

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What did the court decide?

M.M.Scaria v. Raju R

Case brief

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