Writ petition challenging rejection of interim application seeks to stay rival claim petition filed by an orphanage. Court held maintainability is question of fact and law for final adjudication, disentixing interim stay.
Original petition dismissed holding maintainability of claim petitions to be a mixed question of fact and law.
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 DINESH KUMAR SINGH
MONDAY, THE 11TH DAY OF SEPTEMBER 2023 / 20TH BHADRA, 1945
OP (MAC) NO. 20 OF 2023
AGAINST THE ORDER IN I.A NO.3/2022 IN OPMV 1350/2015 OF MOTOR ACCIDENT
CLAIMS TRIBUNAL, ALAPPUZHA
PETITIONERS/ PETITIONERS R4 & R5:
1BEENA.V,
AGED 51 YEARS
D/O VELAYUDHAN VAVA, 10/40A, VELUTHEDATHU PARAMBU,
KOYILMUKKU, EDATHUA VILLAGE, KUTTANADU TALUK, ALAPPUZHA,.,
PIN - 688001
2GOUTHAMI, HARI
D/O BEENA, VELUTHEDATHU PARAMBU, KOYILMUKKU, EDATHUA
VILLAGE, KUTTANADU TALUK, ALAPPUZHA, NOW RESIDING AT POTTY
MADATHIL, THACHUDATHUPARAMBU.P.O, V.R. PURAM, CHALAKKUDY,
THRISSUR, PIN - 620680
BY ADV S.NIDHEESH
RESPONDENTS/ PETITIONER & R1 TO R3:
1CHOTHYAKADAVIL EBENEZER ORPHANAGE,
REP. BY C.A. SKARIA, AMICHANKERRY, NEDUMPRAM, THIRUVALLA.,
PIN - 689101
2SUHRABEEVI,
THOUFEEQ MANZIL, KAKKAZHAM, AMBALAPPUZHA, PIN - 688561
3ABDUL JABBAR,
THOUFEEQ MANZIL, KAKKAZHAM, AMBALAPPUZHA, PIN - 688561
4NEW INDIA ASSURANCE COMPANY LTD.,
REP. BY THE DIVISIONAL MANAGER, REGIONAL OFFICE(T.P. HUB),
3RD FLOOR, KANDANKULATHIL TOWERS, M.G. ROAD, ERNAKULAM, PIN
- 682016
BY ADVS.
R.REJI
LAL K.JOSEPH
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
P.MURALEEDHARAN (THURAVOOR)
SURESH SUKUMAR
ANZIL SALIM
LAL K. JOSEPH-SC
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 11.09.2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC) No.20 of 2023
2
JUDGMENT
Dated this the 11th day of September, 2023
1 . Heard Sri.Nidheesh.S, learned counsel for
the petitioners, Sri.R.Reji, learned counsel for the 1 st respondent and Sri.Lal K.Joseph, learned Standing Counsel appearing for the 4 th respondent.
2 . This Original petition has been filed under Article 227 of the Constitution of India for setting aside Ext.P5 order, whereby the Interim Application, Ext.P4 filed by the petitioners in O.P. (M.V.) No. 1350/2015 by the 1 st respondent before the Motor Accident Claims Tribunal, Alappuzha has been rejected. The petitioners claimed to be the mother and sister of late Vinish. The 1 st respondent is an orphanage, where the deceased had spent most of his life. He was 25 years old when he died because of the motor accident. The question whether the claim petition filed by the petitioners or the claim petition filed by the 1 st respondent is maintainable is a mixed
3
OP(MAC) No.20 of 2023
question of fact and law, which cannot be decided by an interim order.
3 . The Tribunal has already framed issue regarding maintainability of the claim petition filed by the 1 st respondent. This issue can be decided at the final stage and their claim petition cannot be thrown out at the threshold or by an interim order. In view thereof, I do not find that the Motor Accident Claim Tribunal has erred in any manner in rejecting the Interim Application filed by the petitioners regarding maintainability of claim petition filed by the 1 st respondent.
4 . In view thereof, I do not find any error of law or jurisdiction in passing Ext.P5 order by the Tribunal. The Original petition has no merit and substance, therefore, the Original petition is hereby dismissed.
Sd/- DINESH KUMAR SINGH
JUDGE
AP
OP(MAC) No.20 of 2023
4
APPENDIX OF OP (MAC) 20/2023
PETITIONER EXHIBITS |
||
|---|---|---|
Exhibit P1 |
TRUE COPY(M.V.)NO.ACCIDENT |
OF THE CLAIM PETITION O.P.311/2018 FILED BEFORE THE MOTORCLAIMS TRIBUNAL, ALAPPUZHA |
Exhibit P2 |
TRUE COPY(M.V.)NO.ACCIDENT |
OF THE CLAIM PETITION O.P.1350/2015 FILED BEFORE THE MOTORCLAIMS TRIBUNAL, ALAPPUZHA. |
Exhibit P3 |
TRUE COPYI.A.NO.2/ACCIDENT |
OF THE ORDER DATED 2.12.2022 IN2022 IN O.P.(M.V.)1350/15 OF MOTORCLAIMS TRIBUNAL, ALAPPUZHA |
Exhibit P4 |
TRUE COPY(M.V.)135TRIBUNAL, |
OF THE I.A.NO.3/2022 IN O.P.0/15 OF MOTOR ACCIDENT CLAIMSALAPPUZHA DATED 12.12.2022 |
Exhibit P5 |
TRUE COPYI.A.NO.3/ACCIDENT |
OF THE ORDER DATED 16.12.2022 IN2022 IN O.P.(M.V.)1350/15 OF MOTORCLAIMS TRIBUNAL, ALAPPUZHA |
Exhibit P6 |
TRUE COPYDATED 23. |
OF THE LEGAL HEIR CERTIFICATE2.2019 |
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in rejecting the interim application regarding the maintainability of the respondent's claim petition.
Whether the question of maintainability between competing claim petitions can be decided by an interim order.
2 provisions across 1 enactments
BEENA.V
GOUTHAMI, HARI
CHOTHYAKADAVIL EBENEZER ORPHANAGE
SUHRABEEVI
ABDUL JABBAR
NEW INDIA ASSURANCE COMPANY LTD.
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court