In an Motor Accident Claim proceeding, the High Court recorded that the petitioner sought to set aside an ex parte award and condoned delay. Pending these applications, revenue recovery was initiated. The court directed the Tribunal to dispose of the pending applications before a specific date.
Let the applications be disposed of before 30.04.2022.
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 SATHISH NINAN
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
OP (MAC) NO. 7 OF 2022
OPMV 653/2015 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , MANJERI
PETITIONER:
SAJU AGED 47 YEARS S/O. NEELANDAN, POOKATTUPARAMBU HOUSE, RAMANATTUKARA, VAIDYARANGADI P.O., KOZHIKKODE DISTRICT, PIN-673 633 BY ADV K.RAKESH
RESPONDENTS:
1 SUBRAMANIAN AGED 58 YEARS S/O. UNNIKUTTY, KALLARANAGATTUCHALIL, VILAYIL P.O., VILAYIL AMSOM,PARAPUR DESOM, KONDOTTY TLAUK, MALAPPURAM DISTRICT,PIN-676 503
2 ANITHA AGED 51 YEARS W/O. SUBRAMANIAN, PANKUNNATH HOUSE, KALLARANAGATTUCHALIL, VILAYIL P.O., VILAYIL AMSOM,PARAPUR DESOM, KONDOTTY TLAUK, MALAPPURAM DISTRICT,PIN-676 503
3 THE NEW INDIA ASSURANCE COMPANY LTD, BRANCH OFFICE, MANJERI, MALAPPURAM DISTRICT,REPRESENTED BY ITS BRANCH MANAGER, PIN-676 121
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = O.P. (MAC) No.7 of 2022 = = = = = = = = = = = = = = = = = = Dated this the 16th day of February, 2022
J U D G M E N T
Petitioner is faced with an ex parte award in OP(MV) 653/2015 of the MACT, Manjeri. Seeking to have the ex parte award set aside and for condonation of delay, the petitioner has filed Exts.P3 and P4 applications. Pending consideration of the applications, revenue recovery proceedings have been initiated against him, grieves the petitioner. The petitioner seeks for an expeditious consideration of the applications by the Tribunal.
Original petition is ordered as above.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF OP (MAC) 7/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED, 15.12.2017 IN OP (MV) NO.653/2015 OF THE M.A.C.T MANJERI Exhibit P2 TRUE COPY OF THE NOTICES ISSUED UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT, DT 13.5.2020 Exhibit P3 TRUE COPY OF THE NOTICES ISSUED UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT, DT 13.5.2020 Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS IA NO.3/2021 OF OP (MV) NO.653/2015 BEFORE THE M.A.CT MANJERI DATED 30.10.2021 Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER AS IA NO.4/2021 OF OP (MV) NO.653/2015 BEFORE THE M.A.CT MANJERI DATED 30.10.2021
2 issues framed by the court
Whether to grant an extension of time to dispose of applications for setting aside an ex parte award.
Whether expedite proceedings initiated against the petitioner due to revenue recovery notices.
Saju
Subramanian
Anitha
The New India Assurance Company Ltd
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
