Gabi Swindles vs Parvathy Narayanan
2022 Latest Caselaw 5703 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
           Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
                IA.NO.1/2022 IN MACA NO. 1434 OF 2022 (F)

      OP(M.V) 2756/2016 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL,ERNAKULAM.




PETITIONERS/APPELLANTS:

  1. GABI SWINDLES, W/O. BENEDICT, AGED   YEARS, 885-C, VELIYIL HOUSE,
     35 MAMANGALAM, KOCHI, PIN - 682 025
  2. SINAS, S/O. AZAD, KAIPPILLY HOUSE, PUTHIYA ROAD, KALOOR P.O., KOCHI-
     682 017.

RESPONDENTS/RESPONDENTS

  1. PARVATHY NARAYANAN, AGED 74 YEARS, W/O. NARAYANAN,KUZHIMALAPARAMBU
     HOUSE, KUZHIMALA ROAD, EDAPPALLY P.O., KOCHI- 682 024.
  2. THE ORIENTAL INSURANCE CO.LTD., DIVISIONAL OFFICE, MTPC, METRO
     PALACE BUILDING, ERNAKULAM NORTH, KOCHI - 682 018.




     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and execution of the award dated 17.11.2021 in O.P (MV) No. 2756/2016 of
MACT, Ernakulam against the petitioners/appellants, pending disposal of
the above appeal, in the interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.REMYA RAVINDRAN, N.K.KARNIS, & VINAY KUMAR VARMA, Advocates for the
applicants and of SMT.K.S.SANTHI, Advocate for the Respondent No.2, the
Court passed the following:




                                                            p.t.o
                                      C.S DIAS,J.
                                 ---------------------------
                              MACA No.1434 of 2022
                                -----------------------------
                        Dated this the 27th day of May, 2022.

                                          ORDER

Admitted.

Issue notice to the first respondent. Smt.K.S Santhi

enters appearance for the second respondent.

Post on 27.7.2022.

IA 1/2022

On a consideration of the averments in the affidavit filed in

support of the application and perusing the impugned award

and taking note of the fact that the second respondent was

acquitted of the case registered against him as per Ext B4

judgment, I am satisfied that the petitioners have made out a

prima facie case to unconditionally stay the recovery

proceedings initiated against them pursuant to the award in

OP(MV) No.2756/2016 of the Motor Accident Claims Tribunal,

Ernakulam. Hence, I stay all further recovery proceedings as

against the petitioners till the date of next hearing.

sd/-

      Sks/27.5.2022                                       C.S.DIAS, JUDGE




27-05-2022                      /True Copy/                         Assistant Registrar