This single-paragraph order dismisses a writ petition (civil) filed under Article 226 seeking quashing of an insurance claim award and stay of recovery proceedings, noting that an application under Order IX Rule 13 CPC was rejected during the petition’s pendency.
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
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
WP(C) NO. 13959 OF 2022
PETITIONER:
MADHU
S/O NANU, AGED 55 YEARS,
RESIDING AT CHIPPY BHAVANAM, AMBIPOIKA KUNDARA,
KOLLAM-FROM KANNOLIKONATHU CHARUVILA VEEDU,
ELLAMPALLOOR VILLAGE, KOLLAM.
BY ADV S.SREEKUMAR (KOLLAM)
RESPONDENTS:
1 THE DISTRICT COLLECTORCOLLECTORATE, KOLLAM, PIN-6910132 TAHASILDAR (RR), TALUK OFFICE, TALUK JUNCTION, KOLLAM-691 0013 THE VILLAGE OFFICER, ELLAMPALLOOR VILLAGE, KUNDARA, KOLLAM-691501.4 THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, KUNDARA, KOLLAM-691501.5SHAJAHAN,
AGED 46 YEARS, S/O.KAMARUDEEN,
SHAFI MANZIL, KUREEPPALLY, AMBADI JUNCTION,
NEDUMPANA.P.O, KOLLAM, PIN-691580.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13959 of 2022
2
JUDGMENT
Dated this the 13th day of September, 2023
1 . This writ petition has been filed under Article 226 of the Constitution of India seeking following reliefs.
2 . The Motor Accident Claims Tribunal, Kollam has decided the OP (MV) No.198/2014 vide Ext.P1 order dated 21.01.2017. The petitioner is the owner cum driver of the autorickshaw bearing registration No.KL 02AD 4769. The said vehicle driven by the petitioner met with an accident on 15.01.2013 at about 6.30 p.m. with the motorcycle bearing registration No.KL-2F2818 being driven by the 5 th respondent. The
WP(C) No.13959 of 2022
3
Motor Accident Claims Tribunal has ordered compensation of Rs.3,39,200/- to the 5 th respondent.
3 . It appears that the petitioner has filed an application under order IX Rule 13 CPC for recalling the said award. However, during the pendency of this writ petition the application has been rejected. In view thereof, there is nothing survives in this writ petition and is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) No.13959 of 2022
4
APPENDIX OF WP(C) 13959/2022
PETITIONER EXHIBITS |
|
|---|---|
Exhibit P1 |
THE PHOTOSTAT COPY OF THE AWARD PASSED BYTHE MOTOR ACCIDENT CLAIM TRIBUNAL, KOLLAMIN OP(MV)NO.198/2014 DATED 21.01.2017 |
Exhibit P2 |
THE TRUE PHOTOSTAT COPY OF THE DRIVINGLICENSE OF THE PETITIONER FOR THE PERIODFROM O2.04.2012 TO 01.04.2015 |
Exhibit P3 |
THE TRUE COPY OF THE DRIVING LICENSE OF THEPETITIONER FOR THE PERIOD FROM 05.06.2018TO 04.06.2021 |
Exhibit P4 |
THE TRUE COPY OF THE DEMAND NOTICE DATED17.3.2022 ISSUED BY THE 1ST RESPONDENTTHROUGH THE 2ND AND 3RD RESPONDENT. |
2 issues framed by the court
Whether the revision application filed by the petitioner remains a live issue preventing dismissal of the writ petition despite pendency.
Whether the existence of an application under Order IX Rule 13 CPC bars the quashing of the demand notice at this stage.
2 provisions across 2 enactments
MADHU
THE DISTRICT COLLECTOR
TAHASILDAR
THE VILLAGE OFFICER
UNION INDIA INSURANCE COMPANY LIMITED
SHAJAHAN
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court