Remanded

Suresh T B v. State of Kerala

Kerala HC3 Feb 2022WP(C)/1274/2022

Case brief

AI extract

What is this about?

This order kept recovery proceedings in abeyance pending the Tribunal's decision on applications questioning an ex parte award. The court noted a discrepancy in the petitioner's driving licence status and directed the Tribunal to decide the pending applications within three months.

What did the court decide?

Recovery proceedings kept in abeyance; Tribunal directed to dispose of pending IA Nos. 2 and 4 of 2021 within three months.

Suresh T B Vs State of Kerala — Motor Accident Claims | Kerala HC (2022)

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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 SATHISH NINAN

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THURSDAY, THE 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943 WP(C) NO. 1274 OF 2022

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PETITIONER:

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SURESH T B AGED 46 YEARS THOTTARATH HOUSE, EDAMUTTAM P.O, CHAVAKKAD TALUK, THRISSUR DISTRICT,PIN-680568 THRISSUR, PIN - 680568

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BY ADVS. T.S.ABDUL KHADER SHAHIM BIN AZIZ

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RESPONDENTS:

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1 STATE OF KERALA STATE OF KERALA , REP BY CHIEF SECRETARY, GOVT OF KERALA, SECRETARIAT , TVM THIRUVANANTHAPURAM, PIN - 695001 2 DISTRICT COLLECTOR, THRISSUR FIRST FLOOR, CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, KERALA -680003 THRISSUR, PIN - 680003 3 DEPUTY THAHASILDAR(REVENUE RECOVERY) CHAVAKKAD VANJIKADAVU RD, CHAVAKKAD, KERALA THRISSUR, PIN - 680506 4 VILLAGE OFFICER VALAPPAD EDAMUTTAM PO, THRISSUR DISTRICT, PINCODE: 680568 THRISSUR, PIN - 680568

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WP(C) NO. 1274 OF 2022 -2-

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5 THE UNITED INDIA INSURANCE COMPANY LTD BRANCH OFFICE, KALAMASSERY,ERNAKULAM, PIN-683104 REPRESENTED BY ITS AUTHORIZED OFFICER. ERNAKULAM, PIN - 683104

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BY ADV SRI.P.K.MANOJKUMAR,SC,UNITED INDIA INSU

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OTHER PRESENT:

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G.P SRI SHAMEER. P.M

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.1274 of 2022

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= = = = = = = = = = = = = = = = = = Dated this the 3^rd day of February, 2022

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J U D G M E N T

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An ex parte award was passed against the petitioner

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herein, in OP(MV) No.1251/2009. The award is dated 31.12.2015. The Tribunal, finding that the petitioner herein (first respondent in the OPMV) did not possess a valid driving licence at the time of accident, permitted

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the Insurance Company to pay the award amount and to recover the same from the petitioner herein.

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The Insurance Company, on satisfying the award,

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caused initiation of recovery proceedings for realisation of the amount from the petitioner. Thereupon, the petitioner filed applications as IA No.2/2021 and IA 4/2021 in OP(MV) 1251/2009, seeking to

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set aside the ex parte award and also to condone the delay in filing the application. The applications are pending consideration. In the meantime, recovery proceedings are surging ahead. It is aggrieved thereby

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W.P.(C) No.1274 of 2022

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-: 2 :-

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that the petitioner has approached this Court.

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Heard the learned counsel for the petitioner and

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the learned Standing Counsel for the Insurance Company and also the learned Government Pleader.

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Along with the writ petition, the petitioner has produced copy of extract of the driving licence of the petitioner. The document seems to indicate that the petitioner was possessed of a valid driving licence at the time of accident. In the light thereof, I deem it only appropriate that the recovery proceedings be kept in abeyance till the applications as above are considered.

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Accordingly, without expressing anything on the merits, this writ petition is disposed of directing the Motor Accidents Claims Tribunal, Thrissur to consider and pass appropriate orders on IA Nos.2 and 4 of 2021 in OP(MV) 1251/2009 as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. Pending disposal of

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W.P.(C) No.1274 of 2022

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-: 3 :-

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the applications, further proceedings for recovery

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against the petitioner shall be kept in abeyance.

Sd/-

SATHISH NINAN

JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 1274/2022

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PETITIONER EXHIBITS

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Exhibit- P1 JUDGMENT DATED 31-12-2015 IN O.P (M.V)1251/2009 PASSED BY THE MOTOR ACCIDENT TRIBUNAL . Exhibit- P2 DEMAND NOTICE DATED 25-11-2021 ISSUED UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT Exhibit-P3 PETITIONER PREFERRED AN APPLICATION BEFORE THE TRIBUNAL SEEKING TO SET ASIDE EX-PARTE AWARD Exhibit- P3(a) PETITIONER PREFERRED AN APPLICATION(I.A NO. 2/2021) BEFORE THE TRIBUNAL SEEKING TO CONDONE DELAY Exhibit P4 EXTRACT OF DRIVING LICENCE OF THE PETITIONER

Suresh T B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suresh T B v. State of Kerala

Case brief

What is this about?

What did the court decide?

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