Kerala High Court
Mohanan Pillai vs The New India Assurance Co on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
OP (MAC) NO. 91 OF 2021
OPMV 1586/2011 OF III ADDITIONAL DISTRICT COURT, ADDITIONAL MACT,
THRISSUR
PETITIONERS/RESPONDENTS 1 & 2:
1 MOHANAN PILLAI,S/O. SREEDHARAN PILLAI, KIZHAKKATHIL
HOUSE, KOIVILA NORTH, KARUNAGAPPALLY KOLLAM DISTRICT.
2 SIVAN PILLAI, S/O. PURUSHOTHAMAN PILLAI, SREEVARADANAM
HOUSE, NADUVATHUSSERY, THEKKUMBHAGOM VILLAGE, CHAVARA,
KOLLAM DISTRICT.
BY ADV N.K.KARNIS
RESPONDENTS/3RD RESPONDENT:
1 THE NEW INDIA ASSURANCE CO.
BRANCH OFIFCE, KALAMASSERY, ERNAKULAM DISTRICT 682 021
2 TAHSILDAR,TALUK OFFICE, KARUNAGAPPALLY, KARUNAGAPPALLY,
KOLLAM DISTRICT 690 518
3 VILLAGE OFFICER,CHAVARA VILLAGE OFFICE, CHAVARA, KOLLAM
DEISTRICT 690 524
BY ADVS.
THOMAS MATHEW NELLIMOOTTIL
LAL K JOSEPH
SR. GP SMT.MABLE C KURIAN
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(MAC) NO.91 OF 2021
2
JUDGMENT
The petitioners are faced with an ex parte award
passed by the Motor Accidents Claims Tribunal,
Thrissur in O.P(MV) No.1586 of 2011. As per the
award, the insurance company - the 1 st respondent
herein was given a right of pay and recovery from
the petitioners herein.
2. In the O.P(MV), though the policy for the
vehicle was admitted, the contention was that the
driver did not have a valid driving licence. The
driving licence was not produced. As noticed, the
petitioners herein are ex parte, which resulted in
the non-production of the driving licence. An
exparte award with the right of pay and recovery
resulted. The petitioners have filed applications as
I.A. Nos.12090 of 2019 and 12089 of 2019 seeking
condonation of delay and to have the exparte award
set aside. The same are pending consideration. In
the mean time, recovery steps are initiated, is the
O.P(MAC) NO.91 OF 2021
grievance.
3. Heard Sri.N.K.Karnis, learned counsel for the
petitioners, Sri.Lal George, standing counsel for
the 1st respondent and Smt. Mable C Kurian, learned
senior Government Pleader.
4. Before this Court the petitioner has produced
copy of driving licence as Ext P2. On a perusal of
Ext P2 it appears that on the relevant date the 2 nd
petitioner had a valid driving licence.
5. Considering the entire circumstances, I am of
the opinion that disposal of the applications to set
aside the ex parte award and condone the delay could
be expedited and pending the same, proceedings for
recovery could be kept in abeyance.
Accordingly the original petition is disposed of
directing the Tribunal to consider and pass orders
on I.A Nos.12090 of 2019 and 12089 of 2019 as
expeditiously as possible and at any rate within a
period of one month from the date of receipt of a
copy of this judgment. Pending disposal of the
O.P(MAC) NO.91 OF 2021
applications further proceedings for recovery shall
be kept in abeyance.
Sd/-
SATHISH NINAN
JUDGE
vdv
O.P(MAC) NO.91 OF 2021
APPENDIX OF OP (MAC) 91/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AWARD OF THE
ADDITIONAL MACT, THRISSUR IN OP(MV)
NO. 1586/2011 DATED 20-02-2019
Exhibit P2 TRUE COPY OF THE DRIVING LICENCE OF
THE 2ND PETITIONER
Exhibit P3 TRUE COPY OF THE PETITION IN I.A NO.
12090/2019 FILED BY THE PETITIONERS
FOR SETTING ASIDE EXPARTE AWARD
Exhibit P4 TRUE COPY OF THE PETITION IN E.A NO.
54/2020 IN E.P NO. 162/2019 FILED BY
THE PETITIONERS.
Exhibit P5 TRUE COPY OF THE REVENUE RECOVERY
NOTICE ISSUED AGAINST THE PETITIONERS
IN FORM NO. 10 UNDER SECTION 34 OF
REVENUE RECOVERY ACT BY THE DEPUTY
TAHSILDAR, KARUNAGAPPALLY TALUK DATED
19-03-2021
Exhibit P5A TRUE COPY OF THE DEMAND NOTICE IN FORM
NO. 10 UNDER SECTION 7 OF REVENUE
RECOVERY ACT BY THE DEPUTY TAHSILDAR,
KARUNAGAPPALLY TALUK DATED 19-03-2021
Exhibit P6 TRUE COPY OF PETITION IN I.A NO.
1/2020 IN O.P (M.V) NO. 1586/2011
FILED BEFORE ADDL. MACT, THRISSUR.
