Sameer Babu vs Sameer Babu
2021 Latest Caselaw 4498 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                      OP (MAC).No.17 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OPMV 150/2008 OF MOTOR ACCIDENT
                    CLAIMS TRIBUNAL , MANJERI


PETITIONER / PETITIONER / 2ND RESPONDENT :

             SAMEER BABU
             AGED 38 YEARS
             S/O. MOOSA HAJI, THONIKKARA HOUSE, VALAMBOOR AMSOM,
             ARIPRA DESOM, PERINTHALMANNA TALUK, MALAPPURAM
             DISTRICT.

             BY ADVS.
             SRI.K.RAKESH
             SHRI.MUSTAFA C
             SHRI.MUHYUDHEEN.M

RESPONDENTS / RESPONDENTS / 1ST PETITIONER, SUPPL.PETITIONERS 3 TO
6 & RESPONDENTS 1, 3 & 4:

      1      N.MANAVIKRAMA RAJAN
             S/O. KONNAN, NECHIYIL HOUSE, ALIPARAMBU AMSOM,
             ANAMANGAD DESOM, MALAPPURAM DISTRICT, PIN - 679357.

      2      AISWARYA
             D/O. N. MANAVIKRAMA RAJAN, NECHIYIL HOUSE, ALIPARAMBU
             AMSOM, ANAMANGAD DESOM, MALAPPURAM DISTRICT, PIN -
             679357.

      3      ASWIN
             S/O. N. MANAVIKRAMA RAJAN, NECHIYIL HOUSE, ALIPARAMBU
             AMSOM, ANAMANGAD DESOM, MALAPPURAM DISTRICT, PIN -
             679357.

      4      KRISHNAN
             AGED 80 YEARS
             S/O. KRISHNAN, NECHIYIL HOUSE, ALIPARAMBU AMSOM,
             ANAMANGAD DESOM, MALAPPURAM DISTRICT, PIN - 679357.

      5      KARTHIAYANI AMMA,
             W/O. KRISHNAN, NECHIYIL HOUSE, ALIPARAMBU AMSOM,
             ANAMANGAD DESOM, MALAPPURAM DISTRICT, PIN - 679357.

      6      MUHAMMED @ KUNHIPPA
 OP (MAC).No.17 OF 2021
                               2

             S/O. HAMZA, PAKKATH HOUSE,ALIPARAMBU AMSOM, DESOM,
             MALAPPURAM DISTRICT, PIN - 679357.

      7      UNITED INDIA INSURANCE COMPANY
             REPRESENTED BY ITS BRANCH MANAGER, BRANCH OFFICE,
             KILIYAMANNIL PLAZA BUILDING, UPHILL, MALAPPURAM,
             PIN - 676505.

      8      ABDUL GAFOOR,
             S/O. MUHAMMED, AMBALAKUTH HOUSE, VALAMBOOR AMSOM,
             ARIPRA DESOM, MALAPPURAM DISTRICT, PIN - 679357.


OTHER PRESENT:

             SC SRI.P.K MANOJKUMAR

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 08.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC).No.17 OF 2021
                               3




                         JUDGMENT

Dated this the 8th day of February 2021

The petitioner herein is the second respondent in OP

(MV) No.150 of 2008 on the files of MACT, Manjeri filed

by the respondents 1 to 5. The petitioner was the owner

of the vehicle. Though notice was served on him, he did

not appear and contest the proceeding. Ultimately, the

responsibility for payment was cast on the petitioner

herein on a short premises that, the driver of the vehicle

did not have badge during the relevant period. The

insurance company was directed to pay the money and to

recover it from the petitioner. Accordingly, Ext.P2 notice

of attachment has been issued.

2. According to the petitioner, the premise on

which the recovery was ordered was not on the basis of

the fundamental breach of the terms of the insurance and

hence, the order of Court below is wrong. He filed an

application to set aside the exparte award and also to OP (MAC).No.17 OF 2021

condone the delay of 2789 days. Ext.P3 and Ext.P4

applications are pending.

3. The limited prayer of the petitioner herein is

that the Court below may be directed to dispose of Ext.P3

and Ext.P4 as expeditiously as possible, on merits and to

keep the recovery proceedings pursuant to Ext.P2 during

the interregnum.

4. Heard the learned Counsel for the petitioner

and Mr. P. K. Manoj Kumar, appearing for the seventh

respondent who opposed the application.

5. Having considered the grievance set up by the

petitioner and the limited relief sought, I am inclined to

dispose of the writ petition itself by directing the Court

below to take up Ext.P3 and Ext.P4 application as

expeditiously as possible, at any rate, within a period of

two months from the date of receipt of a copy of this

judgment or from the date of completion of service which

ever is later, and to dispose it of on merits after giving a

reasonable opportunity to both sides to contest the

proceedings. Further coercive steps pursuant to Ext.P2 OP (MAC).No.17 OF 2021

shall stand deferred till final orders are passed by the

learned Tribunal on Ext.P3 and Ext.P4.

The writ petition is accordingly disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/8-2 OP (MAC).No.17 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AWARD IN OP(M.V) NO.150/2008 OF THE M.A.C.T MANJERI DATED 25.07.2012.

EXHIBIT P2 TRUE COPY OF THE ATTACHMENT ORDER ISSUED BY THE AUTHORIZED OFFICER ON 1.12.2020 AS AGAINST THE PROPERTY OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE APPLICATION AS IA NO.2/2020 IN OP(M.V) NO.150.2008 BEFORE THE M.A.C.T MANJERI.

EXHIBIT P4 TRUE COPY OF THE APPLICATION AS IA NO.3/2020 IN OP(M.V) NO.150/2008 BEFORE THE M.A.C.T MANJERI.

EXHIBIT P5 TRUE COPY OF THE STAY PETITION AS IA NO.4/2020 IN OP(M.V) NO.150/2008 BEFORE THE M.A.C.T, MANJERI.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE