Kerala High Court
B.Sasikumar And Another vs Prema And Others on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 5682 OF 2008
AGAINST THE ORDER/JUDGMENT IN OPMV 935/1985 OF SPECIAL COURT
FOR EC ACT CASES & MOTOR ACCIDENT CLAIMS TRIBUNAL ,TSR,
THRISSUR
PETITIONERS:
1 B.SASIKUMAR
GURUVAYOOR AMSOM, GURUVAYUR DESOM, CHAVAKKAD
TALUK.
2 B.NANDAKUMAR PARTNER
BALAKRISHNA TRANSPORT, GURUVAYUR.
BY ADVS.
SRI.ANIL SIVARAMAN
SRI.HARIKRISHNAN RAVINDRAN
RESPONDENTS:
1 PREMA, W/O. LATE RAMACHANDRAN,
VIRUTHIPARAMBIL HOUSE, MATATHUR VILLAGE, KODALI
DESOM, MUKUNDAPURAM TALUK, NOW RESIDING AT
IRINJALAKUDA.
2 SILIN S/O.LATE RAMACHANDRAN
-DO-
3 LAKSHMI D/O.LATE RAMACHANDRAN
-DO-
4 KALYANI W/O.VIRUTHIPARAMBIL KOCHAKKAN
MOTHER OF LATE RAMACHANDRAN.
5 THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
THRISSUR.
W.P.(C).No.5682/2008
2
ADDL.R6 THE NEW INDIA ASSURANCE COMPANY LTD
ERNAKULAM BRANCH REP. BY THE REGIONAL MANAGER,
THE NEW INDIA ASSURANCE COMPANY LTD, REGIONAL
OFFICER, KANDANKULATHIL TOWERS, MG ROAD,
ERNAKULAM, COCHIN-11
ADDL.R6 IS IMPLEADED AS PER ORDER DATED
30.07.2021 IN IA 1/2021.
BY ADV.SMT.MABLE C.KURIAN, GOVT.PLEADER,
ADV.LAL.K.JOSEPH, SC, INSURANCE COMPANY
SRI.K.JAYAKUMAR
SRI.P.B.KRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
The case number of Special Court occurring in the cause
title of judgment dated 30.07.2021 in WP(C) 5682/2008(B) is
corrected as OPMV 953/1985 as per order dated 27.08.2021
in IA 3/2021 in WP(C) 5682/2008(B).
sd/-
Assistant Registrar
W.P.(C).No.5682/2008
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.5682 of 2008
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Dated this the 30th day of July, 2021
JUDGMENT
Respondent Nos.1 to 4, who obtained an award from a
Motor Accident Claims Tribunal, is trying to execute the same
to get the entire compensation amount. Three and half
decades over after they filed the claim petition. Even now the
matter is not finally disposed. This Court stayed the execution
proceedings in 2008. The matter is pending before this Court
for about 13 years. Is it a failure of our system ? An
introspection may be necessary. I don't want to make any
further observation on this.
2. The short facts are like this:
Respondents 1 to 4 obtained an award in OP(MV)
No.953/1985 from the Motor Accidents Claims Tribunal,
Thrissur. The award was modified by this Court as per
judgment dated 21.03.1997 in M.F.A.No.803 of 1988. This
W.P.(C).No.5682/2008
Court found that the insurance company is liable only to the
extent of the Act liability so far as the 3 rd parties are
concerned and the insured M/s.Balakrishna Transport,
Guruvayoor is liable to pay the balance of Rs.95,000/- with
proportionate interest and costs. When Ext.P1 execution
petition was filed by the claimants, who are respondent Nos.1
to 4 herein, the petitioners filed Ext.P3 series raising several
contentions. Subsequently execution petition was dismissed
for default and thereafter Ext.P4 was filed. According to the
petitioners, their prayer to decide the maintainability of
Execution Petition was not decided properly. Ultimately
Ext.P5 order was passed. The petitioner filed Ext.P6 review
and the same was also dismissed as per Ext.P7 order. Hence
this writ petition.
3. The impugned orders in this writ petition are
Exts.P5 and P7. According to the petitioners, they received
notice from the execution court and they appeared before the
execution court. They were not able to appear before the
execution court on 21.08.2007 due to certain reasons
mentioned in Ext.P6 application. The execution court, on
21.08.2007, passed the following order:
W.P.(C).No.5682/2008
"Respondent has not produced evidence. Heard.
Allowed. Issues certified."
Thereafter the petitioners filed Ext.P6 application to review
the order. The same was dismissed as per Ext.P7 order on
30.07.2007. Challenging Exts.P5 and P7, this writ petition is
filed.
4. Heard the counsel for the petitioners and the
counsel for the respondents. The counsel for the petitioners
raised the same contentions in Ext.P6 application. The
counsel submitted that if an opportunity is given to the
petitioners, they will be able to convince the execution court
that they are not liable to pay the amount. Several
contentions are raised by the petitioners. I don't want to make
any observation about the same.
5. As I said earlier, it is an award passed in a claim
petition filed in 1985. The amount due from the judgment
debtors as on that date itself was a huge amount. Ext.P4 is the
execution petition. Admittedly the further proceedings after
Exts.P5 and P7 are stayed by this Court in this writ petition.
According to me, to show the bonafides by the petitioners,
they should deposit an amount of Rs.2 lakhs before the
W.P.(C).No.5682/2008
Tribunal. On such condition, Exts.P5 and P7 can be quashed. I
make it clear that the deposit of the amount will be subject to
the decision of the claim of the petitioners in the execution
court. I set aside Exts.P5 and P7 on condition of the deposit of
Rs.2 lakhs. Moreover, in the light of the Apex Court judgment
in Rahul S. Shah v. Jinendra Kumar Gandhi & Others
[2021 (4) KHC 148 (SC)], the execution court is bound to
dispose the Execution Proceedings itself immediately.
Therefore, this writ petition is disposed in the following
manner:
1. Exts.P5 and P7 are set aside on condition that
the petitioners will deposit an amount of Rs.2
lakhs before the Motor Accidents Claims
Tribunal, Thrissur, within four weeks from
today.
2. If the petitioners deposit the amount as
directed above, the execution court will
consider the case of the petitioners afresh and
give them an opportunity to adduce evidence.
3. After giving an opportunity of hearing and
allowing the petitioners to adduce evidence,
W.P.(C).No.5682/2008
the execution court will decide the claim of the
petitioners, as expeditiously as possible, at any
rate, within six weeks from the date on which
the amount is deposited as directed in clause
(1).
4. If the amount is not deposited as directed in
clause (1) above, the execution court will
proceed from the stage of Exts.P5 and P7.
5. The execution court will dispose the execution
proceedings within four months from the date
of receipt of a copy of this judgment.
6. The registry will forward a copy of this
judgment to the execution court forthwith.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.5682/2008
APPENDIX OF WP(C) 5682/2008
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE EXECUTION PETITION
DATED 22.11.1997
Exhibit P2 TRUE COPY OF THE AFFIDAVIT DATED
6.3.99
Exhibit P3 TRUE COPY OF THE AGREEMENT DATED
1.3.1998
Exhibit P3(A) TRUE COPY OF THE INSPECTORS
OBSERVATION SLIP DATED 28.6.01
Exhibit P3(B) TRUE COPY OF THE LETTER SUBMITTED
BEFORE THE REGIONAL PROVIDENT FUND
COMMISSIONER, KALOOR DATED 16.8.01
Exhibit P4 TRUE COPY OF THE EP NO.240/04 DATED
27.9.2004
Exhibit P5 TRUE COPY OF THE ORDER DATED 21.8.2007
Exhibit P6 TRUE COPY OF THE PETITION DATED
22.8.2006
Exhibit P7 TRUE COPY OF THE ORDER DATED 30.07.
