Disposed

Abdul Jaleel v. the District Collector

Kerala HC1 Sept 2022WP(C)/25549/2022

Case brief

AI extract

What is this about?

The Writ Petitioner sought relief against revenue recovery proceedings in a motor accident claim case. The court observed that the compensation amount had already been deposited. Consequently, the petition was disposed of without notice to the Insurance Company, and the MACT was directed to decide related applications within 15 days.

What did the court decide?

Petition disposed; directions issued to MACT to decide application and interim petition within stipulated timelines.

Abdul Jaleel Vs the District Collector — 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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THURSDAY, THE 1ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944
WP(C) NO. 25549 OF 2022

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PETITIONER:

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ABDUL JALEEL
AGED 42 YEARS
S/O.MOIDU, CHOLAYIL HOUSE, ERAMAM,
MUPPATHADAM P.O., PIN - 683 110, ERNAKULAM DISTRICT.

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BY ADV K.S.FRIJO

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RESPONDENTS:

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1THE DISTRICT COLLECTOR
CIVIL STATION, KAKKANAD P.O.,
PIN - 682 030, ERNAKULAM DISTRICT.

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2DEPUTY TAHSILDAR (REVENUE RECOVERY)
TALUK OFFICE, PARAVUR TALUK, NORTH PARAVUR,
ERNAKULAM DISTRICT, PIN - 683 513.

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3 THE ORIENTAL INSURANCE CO.LTD. METRO PALACE, OPPOSITE NORTH RAILWAY STATION, ERNAKULAM, PIN - 682 018, REP. BY ITS MANAGER.

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SRI.JUSTIN JACOB – SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 25549 OF 2022

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JUDGMENT

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Petitioner is the owner and driver of vehicle bearing No.KL-48 C-37 which was involved in an accident occurred on 28.11.2017 at 7.30 p.m. resulting into registration of FIR No.1083/17 of Chottanikkara Police Station. The claimant preferred O.P. (MV).No.739/2018 for claiming compensation arraying the petitioner as the owner of the vehicle as respondent No.2. Both driver and owner were proceeded ex parte. The award resulted into compensation of Rs.2,96,650/- with recovery rights to the insurance company.

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Learned counsel for the petitioner submits that the petitioner was not aware of the ex parte award and already moved an application for setting aside the ex parte with an application for interim stay. The Insurance company has already deposited the amount of the compensation. The recovery proceedings are being initiated against the petitioner under Section 7 of the Revenue Recovery Act by the Tahsildar as per Ext.P2. Predicament of the petitioner is writ large as the application dated 25.07.2022 for

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WP(C) NO. 25549 OF 2022

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setting aside ex parte decree and stay petition is pending consideration.

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I dispose of the writ petition without issuing notice to the Insurance Company as the claim of the claimants have already been satisfied and to defray the cost of litigation vis-à-vis the Insurance Company and issue directions to the MACT to dispose of the application under Order 9 Rule 13 of code of civil procedure within a period of four months and shall decide the interim application submitted within a period of fifteen (15) days from the date of receipt of the copy of this judgment.

Sd/-

AMIT RAWAL JUDGE

nak

WP(C) NO. 25549 OF 2022

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APPENDIX OF WP(C) 25549/2022

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PETITIONER EXHIBITS

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`Exhibit`	`P1` `THE COPY OF THE AWARD DATED 26/05/2020` `PASSED BY THE LEARNED MOTOR ACCIDENTS` `CLAIMS TRIBUNAL, ERNAKULAM IN OP(MV)` `NO.739/2018.`
`Exhibit`	`P2` `THE TRUE COPY OF THE DEMAND NOTICE` `BEARING NO.RRC 2021/7086/07 DATED` `08/01/2022, ISSUED BY THE 2ND RESPONDENT` `WITH ITS ENGLISH TRANSLATION.`
`Exhibit`	`P3` `THE TRUE COPY OF THE LICENSE BEARING` `NO.54/982/2005 OF THE DRIVER RAVEESH.`
`Exhibit`	`P4` `THE TRUE COPY OF THE FITNESS CERTIFICATE` `BEARING NO.C1/35681/2019 EA ISSUED BY THE` `SUB REGIONAL TRANSPORT OFFICE, ALUVA.`
`Exhibit`	`P5` `THE TRUE COPY OF IA.NO.98/2022 IN OP(MV)` `NO.739/2018, FILED BEFORE THE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM ON` `25/7/2022.`
`Exhibit`	`P6` `THE TRUE COPY OF I.A.NO.99/2022 IN OP(MV)` `NO.739/2018 FILED BEFORE THE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM ON` `25/7/2022.`
`Exhibit`	`P7` `THE TRUE COPY OF I.A.NO.97/2022 IN OP(MV)` `NO.739/2018, FILED BEFORE THE MOTOR` `ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM ON` `25/7/2022.`

Abdul Jaleel v. the District Collector

Case brief

What is this about?

What did the court decide?

Abdul Jaleel v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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