Kerala High Court
Shibeesh vs The United India Insurance ... on 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
WP(C) NO. 8464 OF 2021
PETITIONERS:
1 SHIBEESH,
AGED 47 YEARS
S/O. DAMODARAN, 12/164, KOOVALATHUMKATTIL, POOTHADI,
SULTHAN BATHERY, WAYANAD 673 596.
2 VINU K.T.,
AGED 44 YEARS
S/O. DASAN K.T., KIZHAKKETHODI KAYIL HOUSE, PERUVAYAL,
PERUVAYAL, P.O. KOZHIKODE 673 008.
BY ADVS.
K.P.SUSMITHA
SRI.T.M.KHALID
RESPONDENTS:
1 THE UNITED INDIA INSURANCE COMPANY LIMITED,
BRANCH OFFICE, SULTHAN BATHERY, SULTHAN BATHERY, BRANCH
OFFICE, NOORANAL BUILDING CHUNGAM, SULTHAN BATHERY ,
WAYANAD 673 592, (REPRESENTED BY ITS BRANCH MANAGER,
SULTHAN BATHERY BRANCH).
2 THAHASILDHAR,
SULTHAN BATHERY TALUK, SULTHAN BATHERY TALUK OFFICE,
SULTHAN BATHERY, WAYANAD 673 592.
3 THE DEPUTY THAHASILDHAR,
SULTHAN BATHERY TALUK, SULTHAN BATHERY TALUK OFFICE,
SULTHAN BATHERY, WAYANAD 673 592.
4 THE VILLAGE OFFICER,
IRULAM VILLAGE, IRULAM VILLAGE OFFICE, IRULAM-KENICHIRA
ROAD, NEAR MILK SOCIETY, IRULAM P.O. WAYANAD 673 596.
5 THE VILLAGE OFFICER,
PERUVAYAL VILLAGE, PERUVAYAL VILLAGE OFFICE,
PERUVAYAL P.O. KOZHIKODE 673 008.BY SRI.BIMAL K. NATH, SR.
GOVT. PLEADER
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.8464 of 2021
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Dated this the 27th day of August, 2021
J U D G M E N T
Revenue recovery proceedings have been initiated
against the petitioners as per Exts.P1 and P2 notices,
for recovery of an ex parte award passed by the MACT,
Kozhikode. The Tribunal found that the accident occurred
on 25.11.2009 and that the policy (Ext.A5 produced
therein) had expired on 24.04.2009. Along with the writ
petition, the petitioners have produced Ext.P4, stated
to be the photostat copy of the policy covering the
period from 01.05.2009 to 30.04.2010, which apparently
seems to take in the date of accident also. Seeking to
set aside the ex parte award and to condone the delay,
the petitioners have filed Exts.P5 and P6 applications
as IA Nos.2 of 2021 and 1 of 2021 which are pending.
2. On the facts as noticed, I am of the opinion
that the proceedings for recovery of the award amount
could be put on hold till Exts.P5 and P6 applications
W. P. (C) No.8464 of 2021
are disposed of by the Tribunal.
Accordingly, the writ petition is disposed of
directing the Motor Accidents Claims Tribunal,
Kozhikode, to consider and pass orders on I.A. Nos.2 of
2021 and 1 of 2021 in OP (MV) No.1038/2010 as
expeditiously as possible and at any rate within a
period of six months from the date of receipt of a copy
of this judgment. Till orders are passed as afore,
recovery of amounts pursuant to the award dated
31.12.2010 of the Motor Accidents Claims Tribunal,
Kozhikode, shall remain stayed. The petitioner shall
produce a certified copy of this judgment before the
Tribunal within a week.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 8464/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTICE DATED 01.01.2021 IN FROM
EXHIBIT P2 THE TRUE COPY OF THE NOTICE IN FORM NO 1
UNDER SECTION 7 OF THE ACT 1968 DATED
01.01.2021.
EXHIBIT P3 THE TRUE COPY OF THE AWARD DATED 31.12.2010
IN OP (MV) NO. 1038/2010 OF THE TRIBUNAL.
EXHIBIT P4 THE TRUE COPY OF THE INSURANCE POLICY
SCHEDULE WITH POLICY NO. 1016023109P143357295
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE PETITION, BEING IA
NO.2/2021 IN OP(MV) NO. 1038/2010 BEFORE THE
TRIBUNAL.
EXHIBIT P6 THE TRUE COPY OF THE PETITION BEING IA NO.
1/2021 IN OP(MV) NO. 1038/2010 BEFORE THE
TRIBUNAL.
EXHIBIT P7 THE TRUE COPY OF THE REQUEST/OBJECTION DATED
09.02.2201 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 3RD RESPONDENT.
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