Disposed

K. Anilkumar v. Beena N.S.

Kerala HC28 Jan 2020OP (MAC)/11/2020

Case brief

AI extract

What is this about?

The High Court disposed of an O.P(MAC) petition by directing the Motor Accidents Claims Tribunal, Kottayam, to consider the petitioner's applications for condonation of delay and restoration of an ex parte award within three weeks and stayed execution proceedings until further orders.

What did the court decide?

Directed MACT to consider I.A. petitions within 3 weeks and stay execution of the award till further orders.

K. Anilkumar Vs Beena N.S. — Motor Accident Claims | Kerala HC (2020)

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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 A.K.JAYASANKARAN NAMBIAR

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TUESDAY, THE 28TH DAY OF JANUARY 2020 / 8TH MAGHA, 1941

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OP (MAC).No.11 OF 2020

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AGAINST THE AWARD IN OPMV 1192/2013 DATED 28-03-2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOTTAYAM

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PETITIONER/2ND RESPONDENT:

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K. ANILKUMAR AGED 48 YEARS NARIKKALLIL USHAS, KUNNATHUKAL P. O., KARAKKONAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695 504.

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BY ADVS. SRI.T.P.PRADEEP SRI.S.SREEDEV SRI.P.K.SATHEES KUMAR SMT.NITHYA VIJAYAN SMT.MINIKUMARY M.V.

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RESPONDENT/CLAIMANT & RESPONDENTS 1 & 3:

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1 BEENA N.S. KEESHMASSERRY HOUSE, MUKKATTUPADY, THRIKKODITHANAM P. O., CHANGANASSERY, PIN - 686 105.

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2 NADEER K. N. KEESHMASSERRY HOUSE, MUKKATTUPADY, THRIKKODITHANAM P. O., CHANGANASSERY, PIN - 686 105.

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3 MUNEER K. N. KEESHMASSERRY HOUSE, MUKKATTUPADY, THRIKKODITHANAM P. O., CHANGANASSERY, PIN - 686 105.

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4 MATHU K. CHARAIVILAI PUTHEN VEETTIL, MANCODE P. O., VILAVANCODE, KANYAKUMARY, PIN - 629 152.

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5 THE NEW INDIA ASSURANCE COMPANY LIMITED OPP. COLLECTORATE, KOTTAYAM P. O., PIN - 686 002, REP. BY REGIONAL MANAGER.

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 28.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P(MAC).11/2020

JUDGMENT

The petitioner has preferred Exts.P5 and P6 petitions before the Motor Accidents Claims Tribunal, Kottayam for condonation of delay and restoration of the petition that was preferred for setting aside an ex parte award. The limited prayer in the original petition is for a direction to the Motor Accidents Claims Tribunal, Kottayam to consider the said petitions and to keep in abeyance the coercive steps initiated in the meanwhile for implementing the award.

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I have heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. In the nature of the order that I propose to pass, I do not deem it necessary to hear the respondents.

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On a consideration of the facts and circumstances of the case and the submissions made across the Bar, this O.P(MAC) is disposed by directing the Motor Accidents Claims Tribunal, Kottayam to consider and pass orders on Exts.P5 and P6 petitions preferred by the petitioner within three weeks from the date of receipt of a copy of this judgment, after hearing the petitioner. Further proceedings for execution of the award dated 28.03.2015 in O.P. (MV) No.1192/2013 shall be kept in abeyance till such time as orders are passed by the MACT as directed, and the order communicated to the

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O.P(MAC).11/2020

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petitioner. The petitioner shall produce a copy of the original petition together with a copy of the judgment before the Motor Accidents Claims Tribunal, Kottayam for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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okb/28.1.2020

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//True copy// P.S. to Judge

O.P(MAC).11/2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE AWARD DATED 28.3.2015 IN OP (MV) NO.1192/2013 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM. EXHIBIT P2 TRUE COPY OF THE I.A.NO.2934/2018 IN OP (MV) NO.1192/2013 DATED 23.4.2018. EXHIBIT P3 TRUE COPY OF THE I.A.NO.2934/2018 IN OP (MV) NO.1192/2013 DATED 23.4.2018. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5.9.2018 IN I.A.NO.2934/2018 EXHIBIT P5 TRUE COPY OF THE I.A.NO.6271/2019 IN OP (MV) NO.1192/2013 DATED 20.12.2019. EXHIBIT P6 TRUE COPY OF THE I.A.NO.6272/2019 IN OP (MV) NO.1192/2013 DATED 20.12.2020.

K. Anilkumar v. Beena N.S.

Case brief

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K. Anilkumar v. Beena N.S.

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