National Insurance Company ... vs Showkkathali
2022 Latest Caselaw 10647 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                        OP (MAC) NO. 115 OF 2022
AGAINST THE ORDER/JUDGMENT EP 382/2021 OF I ADDITIONAL MOTOR ACCIDENT
                        CLAIMS TRIBUNAL , TRICHUR
PETITIONERS/JUDGMENT DEBTOR IN EP/3RD RESPONDENT IN OP(MV):

             NATIONAL INSURANCE COMPANY LIMITED
             DIVISIONAL OFFICE, KOLLANNUR DEVASSY SMARAK BUILDINGS,
             ROUND EAST, THRISSUR - 680 001,
             REPRESENTED BY ITS ADMINISTRATIVE OFFICER (LEGAL),
             KOCHI REGIONAL OFFICE, OMANA BUILDINGS, PADMA JUNCTION,
             ERNAKULAM, PIN - 682035

             BY ADVS.
             P.G.JAYASHANKAR
             P.K.RESHMA (KALARICKAL)
             S.RAJEEV (K/001711/2019)
             SAJANA V.H
             VINITHA S.T.
             RUBY K. ROY
             SARATH BABU KOTTAKKAL


RESPONDENTS/DECREE HOLDERS IN EP/PETITIONERS IN OP:

     1       SHOWKKATHALI
             AGED 56 YEARS
             S/O SAIDU, VAIPPINKATTIL HOUSE, VELLANGALLUR,
             VADAKKUMKARA, THRISSUR , PIN - 680662

     2       SHEMMEENA
             AGED 41 YEARS
             W/O SHOWKKATHALI, VAIPPINKATTIL HOUSE, VELLANGALLUR,
             VADAKKUMKARA, THRISSUR , PIN - 680662

     3       RISWANA V.S.
             AGED 20 YEARS
             (YOB: 2002), D/O SHOWKKATHALI, VAIPPINKATTIL HOUSE,
             VELLANGALLUR, VADAKKUMKARA, THRISSUR , PIN - 680662
 OP (MAC) NO. 115 OF 2022
                                    2

    4        MINOR HAFEELA V.S.
             AGED 15 YEARS
             (DOB: 20.10.2006), D/O SHOWKKATHALI, VAIPPINKATTIL
             HOUSE, VELLANGALLUR, VADAKKUMKARA, THRISSUR -
             680662, REPRESENTED BY HER FATHER AND NEXT FRIEND,
             SHOWKKATHALI, AGED 56, S/O SAIDU, VAIPPINKATTIL
             HOUSE, VELLANGALLUR, VADAKKUMKARA, THRISSUR , PIN -
             680662


     THIS     OP   (MAC)   HAVING       COME   UP   FOR   ADMISSION    ON
21.10.2022,     THE   COURT   ON    THE    SAME     DAY   DELIVERED   THE
FOLLOWING:
 OP (MAC) NO. 115 OF 2022
                                            3


                                     JUDGMENT

This original petition is filed with the following prayers:

i. Issue a direction to the Tribunal to consider Ext.P6 application and pass appropriate orders, considering the facts and circumstances of the case and the pendency of Exts.P1 to P3 before the Hon'ble Court. ii. Grant such other reliefs which this Hon'ble Court may deem necessary and fit to meet the ends of justice, including permitting the petitioner to produce the documents in vernacular and exempting the petitioner to file translation of the vernacular documents; and iii. Allow the original petition, with cost.

2. The petitioner suffered Ext.P1 award from the Motor

Accidents Claims Tribunal, Thrissur in OP(MV)No.2085/2018. The

petitioner filed M.A.C.A.No.2769/2022 before this Court and the

same is pending. It is submitted that the appeal is filed with a

delay condonation petition and service to the respondents are not

complete. In the meanwhile, the recovery proceedings are initiated

against the petitioner. Hence, this original petition.

3. Heard learned counsel for the petitioner. No notice is

necessary to the respondents in this case now because of the way OP (MAC) NO. 115 OF 2022

in which this Court is going to dispose of this matter. If any of the

respondents are aggrieved by the directions in this judgment, they

are free to file a review petition.

4. The petitioner already filed an appeal before this Court.

The petitioner also offered that the petitioner is ready to deposit

the admitted amount of Rs.20 lakhs with interest and

proportionate cost. If that is the case, the recovery proceedings

based on Ext.P1 award as far as the petitioner is concerned can be

deferred for a period of sixty days. In the meanwhile, the

petitioner can obtain necessary orders in the appeal pending

before this Court.

Therefore this original petition is disposed of with the

following directions:

1. The petitioner will deposit Rs.20 lakhs with interest

and proportionate cost before the Motor Accidents Claims

Tribunal, Thrissur within a period of one month from

today.

2. The recovery proceedings based on Ext.P5 execution

petition shall be deferred against the petitioner for a OP (MAC) NO. 115 OF 2022

period of sixty days.

3. During the above period, the petitioner is free to

obtain necessary orders in the appeal pending before this

Court.

Sd/-

P.V.KUNHIKRISHNAN JUDGE nak OP (MAC) NO. 115 OF 2022

APPENDIX OF OP (MAC) 115/2022

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AWARD DATED 25.09.2021 IN OPMV NO. 2085 OF 2018 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR.

Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN MACA NO. 2769 OF 2022 FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT, WITHOUT A COPY OF THE AWARD

Exhibit P3 A TRUE COPY OF THE APPLICATION FOR CONDONATION OF DELAY FILED BY THE PETITIONER AS C.M. APPLICATION NO. 1 OF

Exhibit P4 A TRUE COPY OF PETITION FOR STAY FILED UNDER ORDER XLI, RULE 5 OF THE CODE OF CIVIL PROCEDURE, SEEKING STAY OF EXECUTION OF THE AWARD

Exhibit P5 A TRUE COPY OF THE EP NO. 382 OF 2021 ON THE FILES OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR ALONG WITH A TRUE TYPED COPY OF THE SAME.

Exhibit P6 A TRUE COPY OF THE APPLICATION FOR STAY PREFERRED BEFORE THE MOTOR ACCIDENTS

OF 2022