Faizal.M.C vs Aboobacker
2021 Latest Caselaw 22963 Ker

               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. 113 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OPMV 350/2015 OF MOTOR ACCIDENT
                CLAIMS TRIBUNAL ,KOZHIKODE, KOZHIKODE
PETITIONER:

          FAIZAL.M.C.,AGED 33 YEARS,S/O. ABOOBACKER, THEKKELATH
          HOUSE, ALUMTHARA, AMBALAKANDI, KOZHIKODE DISTRICT 673
          602.

          BY ADVS.
          P.C.MUHAMMED NOUSHIQ
          JAHANA SHERIN.K


RESPONDENTS:

    1     ABOOBACKER,AGED 62 YEARS,S/O. AMMED, KADAMKUNIYIL
          HOUSE, MALAYAMMA, REC VIA, KOZHIKODE DISTRICT 673 601,
          N.I.T. POST OFFICE.

    2     THE DEPUTY TAHSILDAR(RR),THAMARASSERY TALUK,
          THAMARASSERY, KOZHIKODE 673 573.

    3     ADDL R3 NATIONAL INSURACNE COMPANY LTD
          NOOR COMPLEX,ARAYIDATH PALAM,NEAR SBT,MAVOOR
          ROAD,KOZHIKODE-673004.
          IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED
          18/11/2021 IN I.A.NO.1/2021 IN OP(MAC) NO.113/2021

          ADV. SRI. LAL GEORGE, SC
          SR. GP SRI.BIMAL K NATH


     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.113 OF 2021
                                  2


                            JUDGMENT

An ex parte award was passed against the

petitioner herein, in O.P(MV) No.350 of 2015 of the

Principal Motor Accidents Claims Tribunal,

Kozhikode. Seeking to set aside the ex parte award

and to condone delay, the petitioner has filed I.A

Nos.1 of 2020 and 2 of 2020 before the Tribunal.

The same are pending consideration. In the

meanwhile, proceedings for recovery have been

initiated, is the grievance of the petitioner.

2. Heard Sri.P.C.Muhammed Noushiq, learned

counsel for the petitioner, Sri.Lal George, standing

counsel for the 3rd respondent and Sri. Bimal K Nath,

learned senior Government Pleader.

3. According to the petitioner, there was a

valid insurance policy during the relevant period

and the insurance company is liable to indemnify

him. A copy of the insurance policy is produced

along with the writ petition as Ext P5. Prima facie,

it appears that there was a valid insurance policy

during the relevant period. The insurance company O.P(MAC) NO.113 OF 2021

was not impleaded in the proceedings before the

Tribunal. Accordingly, this Court directed

impleading of the insurance company as an additional

respondent in this original petition.

4. In the circumstances as noticed above, I am

of the opinion that it is only proper that further

proceedings for recovery be put on hold till I.A

Nos.1 of 2020 and 2 of 2020 in O.P(MV) No.350 of

2015 is considered and appropriate orders passed by

the Tribunal. If the delay is condoned and ex parte

award is set aside, then, an opportunity shall be

granted to have the insurance company impleaded as

an additional respondent in the proceedings before

the Tribunal. Needless to say that, the contentions

of the parties are left open. Let the applications

be disposed of within a period of one month from the

date of receipt of a copy of this judgment.

O.P(MAC) disposed of as above.

Sd/-

SATHISH NINAN JUDGE vdv O.P(MAC) NO.113 OF 2021

APPENDIX OF OP (MAC) 113/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 15/07/2016 IN OP (MV0 NO. 350 OF 2015 PASSED BY THE PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL KOZHIKODE.

Exhibit P2 TRUE COPY OF THE DEMAND NOTICE DATED 09.07.2019 UNDER SECTION 7 OF KERALA REVENUE RECOVERY ACT.

Exhibit P3 TRUE COPY OF AFFIDAVIT AND PETITION IN SUPPORT OF I.A. NO. 1 OF 2020 IN OP (MV) NO. 350 OF 2015 ON THE FILES OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZIKODE.

Exhibit P3 (A) TRUE COPY OF AFFIDAVIT AND DELAY CONDONATION PETITION IN SUPPORT =OF I.A. NO. 2 OF 2020 IN OP (MV) NO. 350 OF 2015 ON THE FILES OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.

Exhibit P4 TRUE COPY OF AFFIDAVIT AND STAY PETITION IN SUPPORT OF IA NO. 3 OF 2020 IN OP (MV) NO. 350 OF 2015 ON THE FILES OF PRINCIPAL MOTOR ACCIDENTS CLAIMS TRIBUNAL KOZHIKODE.

Exhibit P5 TRUE COPY OF THE INSURANCE POLICY DATED 08.01.2014 FOR MOTOR CYCLE BEARING NO. KL-II-Q-0072.