Anup Sivadas vs I.R,Biju
2022 Latest Caselaw 12660 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
                       OP (MAC) NO. 140 OF 2022
AGAINST THE ORDER/JUDGMENTOPMV 1000/2017 OF MOTOR ACCIDENT CLAIMS
                        TRIBUNAL , IRINJALAKUDA
PETITIONER/RESPONDENT NO.1 IN O.P.(MV)/JUDGMENT DEBTOR NO.1(R1) IN
IA 3/2021:

             ANUP SIVADAS,
             S/O SIVADAS.P, 28/2501, ROHINI HOUSE
             VINOBHANAGAR, CHILAVANOOR, KADAVANTHARA,
             ERNAKULAM, PIN - 682020
             BY ADVS.
             SMRUTHI SASIDHARAN
             V.P.BRIJESH
             ASWATHY AMBY


RESPONDENTS/PETITIONER AND RESPONDENT NO.2 & 3 IN O.P.
(MV)/JUDGMENT DEBTOR (R2) AND DECREE HOLDER IN IA 3/2021:

    1        I.R,BIJU
             AGED 42 YEARS
             S/O. [email protected], ITTITHARA
             HOUSE, ALA GOTHURUTH, P.O. KOTHAPARAMBU,
             S.N.PURAM VILLAGE,
             KODUNGALLUR TALUK , THRISSUR DIST - 680664
    2        ARJUN
             SON OF SHAJU T.J, THALATHILPARAMBIL HOUSE,
             THARAYILKAVALA , MOOPHAKUNNAM KARA,
             ERNAKULAM DIST , PIN - 680685
    3        THE MANAGER
             NEW INDIA ASSURANCE CO.LTD,
             CHANDAPURA,KODUNGALLUR, PIN - 680664
             SRI.LAL K JOSEPH, SC

     THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 30.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (MAC) NO. 140 OF 2022

                                  2

              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             O.P.(MAC).No.140 of 2022
     ----------------------------------------------
    Dated this the 30th day of December, 2022


                          JUDGMENT

The above Original Petition is filed with the

following prayers:

"(i) To direct the Hon'ble Motor Accidents Claims Tribunal, Irinjalakkuda, that all proceedings pursuant to Exhibit P3 I.A.No.3/2021 in O.P.(MV)No.1000/2017 may be kept in abeyance till the disposal of Exhibit P4 & P5 which is pending before the Hon'ble MACT, Irinjalakuda.

(ii) Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iii) Shall dispense with the translation of the vernacular documents."[SIC]

2. The petitioner suffered Ext.P1 award from the

Motor Accident Claims Tribunal, Irinjalakuda. The

petitioner submitted Exts.P4 and P5 applications before

the Tribunal to set aside the ex parte order and to

condone the delay in filing the same. In the meanwhile, OP (MAC) NO. 140 OF 2022

recovery proceedings were initiated against the

petitioner. Hence this Original petition is filed.

3. Heard counsel appearing for the petitioner and

the counsel appearing for the 3rd respondent. No notice

is necessary to respondents 1 and 2 at this stage and if

they are aggrieved by the order passed by this Court,

they are free to file a review petition before this Court.

4. The limited prayer of the petitioner is to

consider Exts.P4 and P5 by the Tribunal. Admittedly, the

Insurance Company already paid the amount and the

recovery is based on the requisition from the 3 rd

respondent. In the light of the pendency of Exts.P4 and

P5, I think the Tribunal can be directed to consider those

applications within a time frame and till then the

recovery proceedings can be deferred.

Therefore, this O.P.(MAC) is disposed of in the

following manner:

i. There will be a direction to the Motor

Accidents Claims Tribunal, Irinjalakuda to consider OP (MAC) NO. 140 OF 2022

and pass appropriate orders on Exts.P4 and P5, as

expeditiously as possible, at any rate, within a period

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

this judgment.

ii. Till final orders are passed as directed

above, all further proceedings against the petitioner

based on Ext.P1 award is deferred.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE OP (MAC) NO. 140 OF 2022

APPENDIX OF OP (MAC) 140/2022

PETITIONER EXHIBITS EXHIBIT P 1 TRUE COPY OF THE AWARD DATED 25/3/2021 IN O.P.(MV) 1000/2017 OF THE MACT, IRINJALAKUDA EXHIBIT P 2 TRUE COPY OF THE COMPLAINT BY THE PETITIONERS NEPHEW BEFORE THE SHO KODUNGALLUR DATED 21/3/2017 WITH ENGLISH TRANSLATION EXHIBIT P 3 TRUE COPY OF THE I.A. 3/2021 IN O.P.

(MV) 1000/2017 AND REVENUE RECOVERY NOTICE DATED 24/9/2021 FILED BY THE 3RD RESPONDENT FOR INITIATE REVENUE RECOVERY PROCEEDINGS AGAINST THE PETITIONER OF THE MACT ,IRINJALAKUDA, ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P 4 TRUE COPY OF THE I.A. 4 / 2022 IN O.P.(MV) 1000/2017 DATED 7/12/2022 OF THE MACT, IRINJALAKUDA EXHIBIT P 5 TRUE COPY OF THE I.A. 5 /2022 IN O.P.

(MV) 1000/2017 DATED 7/12/2022 OF THE MACT , IRINJALAKUDA

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE