The Court expedited consideration of the petitioner's application to prove the driver's valid licence and directed the Motor Accident Claims Tribunal to stay recovery proceedings pending its decision. No point of law was adjudicated.
Stay of recovery proceedings; direction to Tribunal to consider application by 03.08.2020.
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 V.G.ARUN
FRIDAY, THE 12TH DAY OF JUNE 2020 / 22ND JYAISHTA, 1942
OP (MAC).No.42 OF 2020
AGAINST THE ORDER/JUDGMENT IN OPMV 1397/2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,ATTINGAL
PETITIONER/S:
SUDHAKARAN AGED 68 YEARS CHARUVILA VEEDU, 458, KURAKKADA P. O., KIZHUVILAM, CHIRAYINKIL, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENT/S:
THE NEW INDIA ASSURANCE COMPANY LTD. NEAR MUNICIPAL BUS STAND, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695 101, REPRESENTED BY ITS MANAGER.
OTHER PRESENT:
SC ZIYAD RAHMAN
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 12.06.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(MAC) No. 42 of 2020
-2-
Dated this the 12th day of June, 2020
JUDGMENT
The petitioner is the judgment debtor in E.P.No.195 of 2019 in O.P.(M.V.) No.1397 of 2012 of the Motor Accident Claims Tribunal, Attingal.
By its award, the Tribunal had awarded compensation to the claimant and directed the Insurance Company to pay the compensation and recover it from the owner and the driver, based on finding that the driver did not have a valid licence. In the award, there is a rider that it will be open for the driver to establish that he was having a valid driving licence, by submitting an appropriate application at the execution stage. The petitioner, who is the owner of the vehicle, would submit that the driver had a valid driving licence and an application to that effect has already been submitted before the Tribunal in the execution proceedings. The Tribunal has posted the matter on 03.07.2020.
O.P.(MAC) No. 42 of 2020
2. The learned Counsel for the petitioner would submit that in the interregnum, there is possibility of revenue recovery proceedings being initiated for realisation of the amount due under the award.
Considering the limited relief sought in the writ petition, the same is disposed of directing the Motor Accident Claims Tribunal, Attingal to consider Ext.P5 application submitted by the petitioner, preferably on a date earlier than 03.08.2020. Till such time as Ext.P5 application is considered, the recovery proceedings shall be
kept in abeyance.
Sd/V.G.ARUN JUDGE
Scl/12.06
O.P.(MAC) No. 42 of 2020
-4-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE AWARD DATED 01.02.2019 IN OP(MV) NO.1397/2012 OF MACT, ATTINGAL.
EXHIBIT P2 A TRUE COPY OF THE PETITION IN E.P.NO.195/2019 IN OP(MV) NO.1397/2012 OF MACT, ATTINGAL. EXHIBIT P3 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.P.NO.195/2019 IN OP NO.1397/2012 OF THE MACT, ATTINGAL. EXHIBIT P4 A TRUE COPY OF THE DRIVING LICENSE DATED 05.02.2011. EXHIBIT P5 A TRUE COPY OF E.A.NO.76/2020 IN E.P.NO.195/2019 IN O.P. NO.1397/2012 OF THE MACT, ATTINGAL.
2 issues framed by the court
Whether to stay recovery proceedings pending consideration of the application to establish a valid driving licence.
Whether to expedite the consideration of the execution application.
Sudhakaran
The New India Assurance Company Ltd.
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
