Disposed

Ambily.P.R., v. District Collector, Pathanamthitta District

Kerala HC17 Jun 2022WP(C)/19113/2022

Case brief

AI extract

What is this about?

Petition filed by owner of a vehicle against award of compensation in an ex-parte case. Court notes pending application to set aside the award and declining interference unless petitioner files application within a week.

What did the court decide?

Court declined to interfere, directing the petitioner to file an application to set aside the award within one week.

Ambily.P.R., Vs District Collector, Pathanamthitta… — 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 AMIT RAWAL

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FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

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WP(C) NO. 19113 OF 2022

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PETITIONER:

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AMBILY.P.R.,
AGED 50 YEARS
W/O.MOHANDAS,
RESIDING AT AMBILY BHAVAN,
ELAPPUPARA P.O.,
KOTTAYAM VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT,
PIN-689 656.

¶8

BY ADVS.K.N.RADHAKRISHNAN(THIRUVALLA)
 MANU

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RESPONDENTS:

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1 DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA P.O., PIN-689 645.

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2VILLAGE OFFICER,
V.KOTTAYAM,
V.KOTTAYAM P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 656.

¶12

3THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
KUNDRA-691 501.

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4BABY @ ACHENKUNJU,
AGED 55 YEARS
S/O.BABY, VATTATHAKIDIYIL HOUSE,
ELAPPARA MURI, KAITHAKKARA PLANTATION,
MUKKU, V.KOTTAYAM VILLAGE-689 656.
R1 & R2 BY SRI. JIMMY GEORGE,
R3 BY SRI. P. K. MANOJ KUMAR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 19113 OF 2022 2

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JUDGMENT

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Petitioner, the owner of the vehicle was proceeded ex-parte in O.P. (M.V.)No. 556/2015. Petitioner preferred O.P. No. 556/2015 under Section 166(1)(a) of the Motor Vehicles Act, 1988 on behalf of Baby, who alleged to have sustained injuries in respect of an accident occurred on 20.12.2013. The Motor Accidents Claims Tribunal, Pathanamthitta on the basis of ex-parte evidence, passed order dated 26.12.2018 awarding a compensation of Rs. 97,700/- along with the interest at the rate of 9% till realization and proportionate costs of Rs. 3,000/-. Learned counsel appearing on behalf of the petitioner submits that Ext. P2 application for setting aside the aforementioned ex-

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WP(C) NO. 19113 OF 2022 3

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parte award has been filed within a reasonable period on acquisition of the knowledge of the award. But in the meantime, Ext.P3 notice dated 13.10.2021 has been received, an initiation of the recovery proceedings, in case the amount is not deposited on or before 20.10.2021.

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I am afraid, in view of the aforementioned, interference of this court is not warranted as the petitioner would be at liberty to move an interim prayer in the pending application for setting aside the award, by placing on record the notice of recovery and seek a prayer for preponement of the application. In case such an application is filed within one week from the date of receipt of a copy of this judgment, the Motor Accidents Claims Tribunal, Pathanamthitta shall decide the same, in

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WP(C) NO. 19113 OF 2022 4

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accordance with law and intimate the petitioner accordingly.

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This writ petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE

DCS/17.06.2022

WP(C) NO. 19113 OF 2022 5

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APPENDIX

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PETITIONER EXHIBITS

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Exhibit P1THE COPY OF AWARD DATED 26.12.2018 IN
OP(MV) 556/2015 OF MOTOR ACCIDENT CLAIM
TRIBUNAL, PATHANAMTHITTA.

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Exhibit P2THE COPY OF PETITION TO SET ASIDE EX-
PARTE AWARD IA 1/2020 IN O.P.(M.V.) NO.
556/2015 OF MOTOR ACCIDENT CLAIM
TRIBUNAL, PATHANAMTHITTA.

¶32

Exhibit P3THE COPY OF NOTICE ISSUED BY THE SECOND
RESPONDENT DATED 13.10.2021.

Ambily.P.R., v. District Collector, Pathanamthitta District

Case brief

What is this about?

What did the court decide?

Ambily.P.R., v. District Collector, Pathanamthitta District

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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