The High Court of Kerala closed an original petition under Article 227 seeking a stay on execution proceedings. The court directed the petitioner to pursue a pending MACA (2714/2019) for interim relief, leaving this petition without prejudice to future rights.
The original petition closed; petitioner to pursue MACA No. 2714 of 2019 for interim relief.
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
FRIDAY, THE 09TH DAY OF AUGUST 2019 / 18TH SRAVANA, 1941
OP (MAC).No.59 OF 2019
AGAINST THE ORDER IN OPMV 755/2008 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,THRISSUR
PETITIONER:
K.S.RAGHAVAN, S/O.SANKARAN, KANNATHUVALAPPIL HOUSE, KAIPARAMBA.P.O., THRISSUR DISTRICT-680546.
BY ADVS. SRI.C.A.JOJO SRI.JACOB CHACKO SRI.MATHEWS JOSEPH
RESPONDENTS:
1 THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, THRISSUR-680020.
2 ARUN.C.THAMPI, S/O.THAMBI, CHERUVATHUR HOUSE, PELAKKATU PAYYUR, KOONAMMOCHI.P.O., THRISSUR DISTRICT.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 09.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the 1st respondent in O.P. (MV)No.755 of 2008 on the file of the Motor Accidents Claims Tribunal, Thrissur, which is a claim petition filed by the 2nd respondent herein, in respect of a motor accident, which occurred on 02.02.2008, involving a motor car bearing registration No.KRM-5180, has filed this original petition under Article 227 of the Constitution of India, seeking an order staying the proceedings in Ext.P7 execution petition in E.P.No.195 of 2018 in O.P.(MV)No.755 of 2008. The petitioner has also sought for an order to call for Ext.P5 award and to keep in abeyance all further proceedings pursuant to Exts.P5 and P7 till the disposal of MACA filed before this Court.
for consideration, this Court passed the following order;
“Since the 1st respondent insurer has already paid the
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compensation awarded to the claimant in O.P.(M.V) No.755 of 2008 on the files of the Motor Accidents Claims Tribunal, Thrissur, service of notice on the 2nd respondent, who is the claimant in that claim petition is dispensed with.
it is submitted by the learned counsel for the petitioner that the petitioner has already moved MACA No.2714 of 2019, which came up for consideration before this Court on 12.07.2019 and notice in the CM Application for condonation of delay has already been issued to the respondents.
No.2714 of 2019 and seek interim relief against the recovery
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proceedings initiated in terms of Ext.P5 award.
In such circumstances, this original petition is closed,
without prejudice to the right of the petitioner to pursue MACA No.2714 of 2019.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
1 issue framed by the court
Whether an original petition under Article 227 seeking stay of execution proceedings should be closed once the petitioner has a MACA pending before the court.
1 provisions across 1 enactments
K.S.Raghavan
The Divisional Manager, The Oriental Insurance Company Ltd.
Arun.C.Thampi
Anil K.Nandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
