Allowed

Jessy v. Lourdu Swami @ Mani

Kerala HC2 Jul 2019OP (MAC)/37/2019

Case brief

AI extract

What is this about?

The High Court admitted an original petition under Article 227 seeking directions to the Motor Accidents Claims Tribunal to dispose of pending applications setting aside an ex parte award and to grant a stay on revenue recovery proceedings during the pendency.

What did the court decide?

Directed the Tribunal to consider pending applications within two months; interim stay on recovery proceedings continues.

Jessy Vs Lourdu Swami @ Mani — Motor Accident Claims | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

TUESDAY, THE 02ND DAY OF JULY 2019 / 11TH ASHADHA, 1941

¶5

OP (MAC).No.37 of 2019

¶6

I.A.NOS.13056/2018 AND 13057/2018 IN OPMV 212/2011 ON THE FILE OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,THRISSUR

¶7

PETITIONERS:

¶8

1 JESSY, AGED 52 YEARS W/O.LATE ZACHARIA K.U., KATTIL HOUSE, AYYAPPATH ROAD, P.O.KUNNAMKULAM, THRISSUR DISTRICT- 680 503.

¶9

2 SIJO, S/O.LATE ZACHARIA K.U., KATTIL HOUSE, AYYAPPATH ROAD, P.O.KUNNAMKULAM, THRISSUR DISTRICT- 680 503.

¶10

BY ADVS. SRI.K.B.GANGESH SMT.ATHIRA A.MENON

¶11

RESPONDENTS:

¶12

1 LOURDU SWAMI @ MANI, AGED 46 YEARS, S/O.ARUL, ALAGAPPA SAMUDRAM, ARASADIKUPPAM POST, PADRUTHI DISTRICT, TAMIL NADU- 678 103.

¶13

2 THE DEPUTY TAHSILDAR (RR), KUNNAMKULAM TALUK, KUNNAMKULAM, THRISSUR- 680 503.

¶14

3 THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR- 680 003.

¶15

BY ADVS. SRI.C.HARIKUMAR SRI.HARIKRISHNAN SRI.RENJITH RAJAPPAN SRI.MANURAJ.K.J., GP

¶16

THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 02.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

OP (MAC).No.37 of 2019 2

¶18

JUDGMENT

¶19

The petitioners are respondents 1 and 2 in O.P.(M.V) No.212/2011 on the file of the Motor Accidents Claims Tribunal, Thrissur, which is one filed by the 1^st respondent herein, under Section 166 of the Motor Vehicles Act, 1988 in respect of a motor accident which occurred on 01.02.2010. The Tribunal passed Ext.P1 ex parte award dated 18.06.2016 awarding a total compensation of Rs.73,250/- to the 1^st respondent, under various heads, together with interest at the rate of 9% per annum from the date of application, i.e., 03.02.2011 till realisation with proportionate costs. The petitioners are the wife and son of the deceased rider of the offending motor cycle bearing registration No.KL-08/T-9193. Another son of the deceased rider is arrayed as 3^rd respondent in the claim petition. On a finding that the motor cycle was not having a valid insurance policy at the time of accident, the legal heirs of the deceased owner cum rider are directed to pay the amount of compensation to the 1^st respondent/claimant. After Ext.P1 award, the petitioners filed

¶20

OP (MAC).No.37 of 2019 3

¶21

Ext.P2 interlocutory application i.e., I.A.No.13056 of 2018 to set aside Ext.P1 ex parte award. Ext.P3 interlocutory application, i.e., I.A.No.13057 of 2018 is filed seeking an order to condone the delay of 909 days in filing the former application. Exts.P4 and P5 are the demand notices dated 19.11.2018 issued by the 2^nd respondent Deputy Tahasildar, pursuant to an order passed by the Tribunal under Section 174 of the Motor vehicles Act. The petitioners have filed this original petition under Article 227 of the Constitution of India, seeking an order commanding the Motor Accidents Claims Tribunal, Thrissur to take up Exts.P2 and P3 applications pending before it and to dispose of the same on merits, within a time frame to be fixed by this Court and for a declaration that the petitioners are not liable to be proceeded against under the Kerala Revenue Recovery Act, during the pendency of Exts.P2 and P3 interim applications in O.P.(M.V) No.212/2011.

¶22

On 21.03.2019, when this original petition came up for admission this Court passed the following order;

¶23

“Issue urgent notice on admission by speed post to the 1^st respondent, returnable within three weeks.

¶24

The learned Government Pleader takes notice on

¶25

OP (MAC).No.37 of 2019 4

¶26

admission for respondents 2 and 3.

¶27

There will be an interim stay of recovery proceedings pursuant to Exts.P4 and P5 till 10.04.2019, on condition that the petitioners deposit a sum of Rs.20,000/- before the Motor Accidents Claims Tribunal, Thrissur in O.P.(MV)No.212 of 2011.

¶28

On such remittance being made, it will be open to the 1^st respondent claimant in O.P.(MV)No.212 of 2011 to seek disbursement of that amount.”

¶29

Thereafter, on 10.06.2019, when this original petition

¶30

came for consideration, the petitioners and the 1^st respondent were directed to appear before the Nodal Officer, Ernakulam Mediation Centre on 24.06.2019 for mediation. The Nodal Officer, Ernakulam mediation Centre has filed a report dated 24.06.2019 reporting that both parties failed to appear for mediation on 24.06.2019.

¶31

Heard the learned counsel for the petitioner, the learned counsel appearing for the 1^st respondent and the learned Government Pleader appearing for respondents 2 and 3.

¶32

The learned counsel for the petitioner would submit that Exts.P2 and P3 applications made by the petitioner to set aside Ext.P1 ex parte award and for condonation of delay of 909 days in filing the former application are pending

¶33

OP (MAC).No.37 of 2019 5

¶34

consideration before the Tribunal, which may be directed to be considered within a time limit to be specified by this Court.

¶35

Having considered the submissions made by the learned counsel on both sides, this original petition is disposed of by directing the Motor Accidents Claims Tribunal, Thrissur to consider and pass appropriate orders on Exts.P2 and P3 interlocutory applications, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

¶36

Till such orders are passed, the interim order granted by this Court on 21.03.2019, which was extended by one month on 10.06.2019, shall continue in force.

¶37

Sd/ANIL K.NARENDRAN JUDGE

¶38

sru

¶39

OP (MAC).No.37 of 2019 6

¶40

APPENDIX

¶41

PETITIONER'S EXHIBITS:

¶42

EXHIBIT P1 TRUE COPY OF AWARD DATED 18.06.2016 IN OP(MV)NO.212/2011 BY MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR.

¶43

EXHIBIT P2 TRUE COPY OF I.A.NO.13056/18 IN OP(MV)NO.212/2011 FOR SETTING ASIDE THE EXPARTE AWARD.

¶44

EXHIBIT P3 TRUE COPY OF I.A.NO.13057/18 IN OP(MV)NO.212/2011 FOR CONDONATION OF DELAY IN FILING THE PETITION TO SET ASIDE THE EXPARTE AWARD.

¶45

EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE DATED 19.11.2018 ISSUED TO THE PETITIONERS UNDER SECTION 7 OF THE REVENUE RECOVERY ACT BY THE 2ND RESPONDENT.

¶46

EXHIBIT P5 TRUE COPY OF THE DEMAND MADE BEFORE ATTACHMENT OF IMMOVABLE PROPERTY UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE 2ND RESPONDENT DATED 19.11.2018.

¶47

RESPONDENT'S EXHIBITS:NIL

Jessy v. Lourdu Swami @ Mani

Case brief

What is this about?

What did the court decide?

Jessy v. Lourdu Swami @ Mani

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

Case details

Similar cases

K.Haridasan Vs the District Collector

Divya Reghu Vs Nattika Grama Panchayath

Mammad Vs U.Sarin

Babu P.U. Vs Abraham

P.Manikantan Vs the Arayancode Grama Panchayath

A.H.Sadhique Vs Kochi Municipal Corporation