The High Court deferred revenue recovery proceedings against the petitioner, directing the Motor Accident Claims Tribunal to expeditiously decide pending applications challenging an ex parte award.
Revenue recovery proceedings deferred; directions to Tribunal to consider pending applications within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP (MAC).No.16 OF 2021
AGAINST THE ORDER/JUDGMENT IN OPMV 71/2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI
PETITIONER/FIRST RESPONDENT:
JABIR, AGED 45 YEARS S/O MUHAMMED SHA, NAYARTHODI HOUSE, MORAYUR, MALAPPURAM DISTRICT(OWNER/RIDER).
BY ADVS. SRI.U.K.DEVIDAS SRI.P.C.PRAMODH
RESPONDENTS/2nd RESPONDENT AND STATE:
1 NATIONAL INSURANCE COMPANY LIMITED NOOR COMPLEX, ARAYEDATHUPALAM, MAVOOR ROAD JUNCTION, KOZHIKODE DISTRICT-673 004(INSURER).
2 DEPUTY TAHSILDAR (REVENUE RECOVERY), KONDOTTY TALUK, TALUK OFFICE, KONDOTTY, MALAPPURAM DISTRICT-673 638.
R1 BY ADV. STANDING COUNSEL R1 BY ADV. SRI.LAL GEORGE R2 BY SENIOR GOVERNMENT PLEADER
OTHER PRESENT:
SR.GP K.P HARISH
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(MAC).16/2021
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ORDER
Petitioner herein is the first respondent in O.P(MV).No.71 of 2015 of the Motor Accident Claims Tribunal, Manjeri. Petitioner remained absent and an award was passed. Pursuant to it, Ext.P2 demand notice was issued to the petitioner. He approached the Motor Accident Claims Tribunal and filed Exts.P4 and P5 applications to set aside the ex parte award and also to condone the delay of 637 days that had occurred in the meanwhile. The grievance of the petitioner is that, since the applications are now pending, if, in the meanwhile, revenue recovery proceedings are initiated, it will cause irreparable injury to him.
O.P(MAC).16/2021
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Exts.P4 and P5 applications on merits. Having considered this, I am inclined to dispose of the original petition with a direction that, Exts.P4 and P5 applications shall be taken up and considered by the Tribunal as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment or from the date of completion of service, whichever is later. In case service is not complete in the applications, court below shall take every endeavour to ensure that the service is completed at the earliest. It is made clear that, this Court has not expressed any comment on the merits of the case. Execution pursuant to Exts.P2 and P3 revenue recovery proceedings will stand deferred till final orders are passed on Exts.P4 and P5 applications.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
O.P(MAC).16/2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AWARD DATED 9.11.2018 IN OP(MV) NO 71/2015 ON THE FILES OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI EXHIBIT P2 TRUE COPY OF THE DEMAND NOTICE DATED 2.3.2020 UNDER SECTION 7 OF THE REVENUE RECOVERY ACT ISSUED BY THE SECOND RESPONDENT EXHIBIT P3 TRUE COPY OF THE DEMAND NOTICE DATED 2.3.2020 UNDER SECTION 34 OF THE REVENUE RECOVERY ACT ISSUED BY THE SECOND RESPONDENT EXHIBIT P4 TRUE COPY OF THE IA NO 1 OF 2020 DATED 25.9.2020 IN OP(MV0 NO 71/2015 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI EXHIBIT P5 TRUE COPY OF THE IA NO 2 OF 2020 DATED 25.9.2020 IN OP(MV) NO 71/2015 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI
3 issues framed by the court
Whether revenue recovery proceedings should be deferred to allow the Motor Accident Claims Tribunal to consider pending applications setting aside an ex parte award.
Whether the petitioner can claim irreparable injury due to pending applications in the Tribunal.
Whether to impose costs on the petitioner given the driving license issue raised by the insurer.
2 provisions across 1 enactments
Jabir
National Insurance Company Limited
Deputy Tahsildar (Revenue Recovery), Kondotty
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
