Kerala High Court
Sasi vs New India Assurance Co Ltd on 7 October, 2022
OP (MAC) NO. 87 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
OP (MAC) NO. 87 OF 2022
AGAINST THE ORDER/JUDGMENTOPMV 1124/2016 OF III ADDITIONAL DISTRICT
COURT, PALAKKAD / II ADDITIONAL MACT, PALAKKAD
PETITIONER/S:
SASI
AGED 41 YEARS
S/O SUKUMARAN, 7/131, PERUMBARACHALLA, KOZHINJAPARA P O,
PALAKKAD DISTRICT, PIN - 678531
BY ADV BABY MATHEW
RESPONDENT/S:
1 NEW INDIA ASSURANCE CO LTD
REP BY ITS BRANCH MANAGER, BRANCH OFFICE, 1ST FLOOR, N S
TOWERS, NEAR STADIUM BUS STAND, PALAKKAD, PIN - 678002
2 VIPINDAS
AGED 34 YEARS
S/O LATE MUTHU, DAS NIVAS, CHANDANAPURAM P O, CHERUMKAD,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678531
3 ABHIN K P
AGED 18 YEARS
S/O PARAMAN, 367/20, KUNNEKKAD, PUDUSSERRY WEST,
PUDUSSERY P O, PALAKKAD DISTRICT, PIN - 678531
BY ADVS.
ANZIL SALIM
LAL K.JOSEPH(K/677/1997)
OP (MAC) NO. 87 OF 2022 2
SURESH SUKUMAR(K/634/1997)
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) NO. 87 OF 2022 3
P.V.KUNHIKRISHNAN, J
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O.P.(MAC) No.87 of 2022
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Dated this the 7th day of October, 2022
JUDGMENT
The above original petition is filed with following prayers :
"(i) To pass an order to direct the MAC Tribunal, Palakkad to
consider and pass orders on Exts.P4 and P5 review petitions within a
time frame to be fixed by this Honourable Court.
(ii) To pass an order to keep all further proceedings on Exts.P7
demand notice in abeyance pending disposal of Exts.P4 and P5
petitions.
(iii) And such other order as are deemed fit and proper in the
circumstances of the case." [SIC]
2. When this original petition came up for consideration, the
learned counsel for the petitioner submitted that the petitioner will
be satisfied if a direction is issued to consider and pass orders in
Ext.P4 and P5 review petitions pending before the Motor Accidents
Claims Tribunal, Palakkad and till the consideration of the same, the
recovery based on Ext.P7 may be deferred.
3. Heard the learned counsel for the 1 st respondent. No
notice is necessary to respondent Nos. 2 and 3 at this stage and if
they are aggrieved by this order, they are free to file a review
petition before this Court.
4. Since, the prayer in this original petition is only for a
direction to consider the review petitions within a time frame and to
defer the recovery proceedings till then, I think such prayer can be
allowed.
Therefore, this original petition is disposed of with the
following directions :
1) There will be a direction to the Motor Accidents Claims
Tribunal, Palakkad to consider and pass orders in Exts.P4 and
P5 review petitions as expeditiously as possible, at any rate,
within one month from the date of receipt of a copy of this
judgment, after hearing the petitioner and other affected
parties.
2) Till final orders are passed in the review petitions, the recovery
based on Ext.P7 shall be deferred.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF OP (MAC) 87/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMON AWARD DATED 9/10/2018
OF M A C TRIBUNAL, PALAKKAD
Exhibit P2 TRUE COPY OF THE APPLICATION IN I A NO
1138/2019, M A C TRIBUNAL, PALAKKAD
Exhibit P3 TRUE COPY OF THE APPLICATION IN I A NO
1140/2019, M A C TRIBUNAL, PALAKKAD
Exhibit P4 TRUE COPY OF APPLICATION IN I A NO 286/2019 ,
M A C TRIBUNAL, PALAKKAD
Exhibit P4(a) TRUE ENGLISH TRANSLATION OF EXT P4 MALAYALAM
DOCUMENT
Exhibit P5 TRUE COPY OF THE APPLICATION IN I A NO
288/2019, M A C TRIBUNAL, PALAKKAD
Exhibit P5(a) TRUE ENGLISH TRANSLATION OF P5 MALAYALAM
DOCUMENT
Exhibit P6 TRUE COPY OF THE DRIVING LICENSE OF THE
PETITIONER ISSUED BY R T O, PALAKKAD
Exhibit P7 TRUE COPY OF THE REVENUE RECOVERY NOTICE
DATED 05/05/2022
Exhibit P7(a) TRUE ENGLISH TRANSLATION OF EXT P7 MALAYALAM
DOCUMENT
