Disposed

Vinod Kumar, v. Sandeep

Kerala HC9 Jan 2019OP (MAC)/2/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, in a writ petition under Article 227, directed the Motor Accidents Claims Tribunal to expeditiously decide pending interlocutory applications challenging an ex-parte award. The Court ordered the petitioner to submit the original driving licence within two weeks and stayed further recovery proceedings until the Tribunal passes appropriate orders within three months.

What did the court decide?

Petitioner to produce original driving licence within two weeks; Tribunal to decide pending applications within three months; Recovery proceedings stayed pending Tribunal orders.

Vinod Kumar, Vs Sandeep — Motor Accident Claims | 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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WEDNESDAY,THE 09TH DAY OF JANUARY 2019 / 19TH POUSHA, 1940

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OP (MAC).No. 2 of 2019

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AGAINST THE AWARD IN OP(MV)NO.1188/2015 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI DATED 12-12-2017

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PETITIONER:

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VINOD KUMAR, AGED 40 YEARS, S/O. THAMI, PARAKKAL HOUSE,

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KARAD P.O., WANDOOR, NILAMBOOR TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.P.SAMSUDIN

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SRI.JITHIN LUKOSE SRI.K.C.ANTONY MATHEW

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RESPONDENTS:

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1 SANDEEP, AGED 27 YEARS, S/O. SUNDHAR RAJ, VELUTHERITHODU HOUSE,

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NADUVATH P.O., M THIRUVALI, NILAMBUR TALUK, MALAPPURAM DISTRICT -678328.

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2 IYYANOKK, AGED 32 YEARS, S/O. SHRINIVASAN, ATHAIYAR VILLAGE, MOTTUR P.O., UTHANGIRI TALUK, KRISHNAGIRI, TAMIL NADU - 635112.

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3 UNITED INDIA INSURANCE COMPANY LTD., DIVISIONAL OFFICE, KALLAI ROAD, KOZHIKODE-673002.

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4 THE DEPUTY TAHSILDAR, REVENUE RECOVERY, TALUK OFFICE,

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NILAMBUR - 678328, MALAPPURAM DISTRICT.

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SRI P.K.MANOJ KUMAR, STANDING COUNSEL, UNITED INDIA INSURANCE COMPANY LIMITED

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SMT.C.S.SHEEJA, SENIOR GOVERNMENT PLEADER

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP (MAC).No. 2 of 2019

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JUDGMENT

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The petitioner, who is the owner of an excavator (JCB) bearing registration No.KL-10/X-6888, which is the offending vehicle in O.P.(MV) No.1188 of 2015 on the file of the Motor Accidents Claims Tribunal, Manjeri, a claim petition filed by the 1^st respondent herein under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor accident, which occurred on 01.04.2014 while he was riding a motor cycle bearing registration No.KL-71/2856.

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The petitioner has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Motor Accidents Claims Tribunal, Manjeri to consider Exts.P4 and P5 interlocutory applications filed in O.P(MV) No.1188 of 2015 and pass appropriate orders, expeditiously. The petitioner has also sought for an interim order to stay all recovery proceedings pursuant to Ext.P2 demand notice, pending disposal of this original petition.

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Heard the learned counsel for the petitioner, the

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OP (MAC).No. 2 of 2019

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learned Standing Counsel for the 3^rd respondent insurance company and also the learned Senior Government Pleader appearing for the 4^th respondent Deputy Tahsildar.

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The pleadings and materials on record would show that in Ext.P1 ex-parte award dated 12.12.2017 in O.P(MV) No.1188 of 2015, the Tribunal found the 2^nd respondent entitled for a compensation of Rs.12,30,000/together with 9% interest and cost. As per the said award, the 3^rd respondent insurer is directed to deposit the said amount before the Tribunal and get it recovered from the petitioner, who is the owner of the offending excavator, on a finding that, at the time of accident, the 2^nd respondent herein was not holding a valid driving licence. Along with this original petition, a copy of driving licence of the 2^nd respondent is placed on record as Ext.P3.

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In terms of Ext.P1 award, the 3^rd respondent insurer deposited the compensation amount together with interest and cost, which has already been disbursed to the 1^st respondent, who is the claimant in O.P.(MV) No.1188 of

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OP (MAC).No. 2 of 2019

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Thereafter, based on the orders passed by the Tribunal under Section 174 of the Motor Vehicles Act, the 4^th respondent Deputy Tahsildar has issued Ext.P2 demand notice. The petitioner moved Exts.P4 and P5 interlocutory applications before the Tribunal as I.A.Nos.103 of 2019 and 102 of 2019 respectively, seeking an order to set aside Ext.P1 ex-parte award and also to condone the delay of 11 months and 21 days in filing the former application. Those applications are now pending consideration.

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The learned counsel for the 3^rd respondent insurer would submit that the petitioner or the 2^nd respondent driver can produce the original of Ext.P3 driving licence before the Tribunal and the Tribunal may be directed to take a final decision on Exts.P4 and P5 interlocutory applications, with notice to the insurer.

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Having considered the submissions made by the learned counsel on both sides, this original petition is disposed of with the following directions;

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i) Within two weeks from the date of receipt of a certified copy of this judgment, the petitioner or the 2^nd

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OP (MAC).No. 2 of 2019

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respondent driver shall produce the original of Ext.P3 driving licence before the Tribunal in O.P.(MV) No.1188 of 2015.

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ii) Thereafter, the Tribunal shall proceed with Exts.P4 and P5 interlocutory applications, with notice to both sides and pass appropriate orders, within a period of three months from the date of receipt of a certified copy of this judgment.

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iii) Till such orders are passed, further proceedings pursuant to Ext.P2 demand notice shall be kept in abeyance.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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bpr

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OP (MAC).No. 2 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AWARD DATED 12/12/2017 IN OP(MV) NO.1188/2015 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI. EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 26/12/2018 ISSUED BY THE DEPUTY TAHSILDAR. EXHIBIT P3 TRUE COPY OF THE DRIVING LICENSE OF THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF IA 103/2019 IN OP(MV) 1188/2015 ON THE FILES MACT MANJERI. EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF IA 102/2019 IN OP(MV) 1188/2015 ON THE FILES MACT MANJERI. RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE

Vinod Kumar, v. Sandeep

Case brief

What is this about?

What did the court decide?

Vinod Kumar, v. Sandeep

Case brief

What is this about?

What did the court decide?

What the court decided

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