Shoukathali vs Adithayan T.P
2023 Latest Caselaw 2814 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                    WP(C) NO. 43040 OF 2022

PETITIONER/S:

           SHOUKATHALI
           AGED 48 YEARS, S/O.IBRAHIM,
           1/481, PANGINIKKADAN HOUSE,
           KAITHACHIRA P.O., MANNARKKAD,
           PALAKKAD - 678 582.
           (REGD. OWNER OF KL-10-S-9448 BUS)

           BY ADV I.DINESH MENON

RESPONDENT/S:

    1      ADITHYAN T.P.
           AGED 8 YEARS, (MINOR),
           REP. BY MOTHER AND NEXT FRIEND RAJANI MOL,
           W/O.PRABHAKARAN, MANGALAMKUNNU VEEDU,
           ETHIRPANAM, MANNARKKAD,
           PALAKKAD DIST. - 678 582.

    2      T.P.SREELAKSHMI
           AGED 6 YEARS, (MINOR)
           REP. BY MOTHER AND NEXT FRIEND RAJANI MOL,
           W/O.PRABHAKARAN, MANGALAMKUNNU VEEDU,
           ETHIRPANAM, MANNARKKAD,
           PALAKKAD DIST. - 678 582.

    3      KAMALAM
           AGED 45 YEARS
           W/O.RAJAN, THEKKARA VEEDU,
           MANNARKKAD, PALAKKAD DIST. - 678 582.

    4      SANTHOSH
           AGED 30 YEARS
           S/O.DAMODHARAN, KORATTIYIL VEEDU,
           KAITHACHIRA P.O., MANNARKKAD, PALAKKAD - 678 582
           (DRIVER OF KL-10-S-9448 BUS).
 W.P.(C) No. 43040 of 2022          2




      5       UNITED INDIA INSURANCE CO.LTD.
              MALABAR FORT BUILDING, G.B.ROAD,
              PALAKKAD - 678 001 (INSURER OF KL-10-S-9448 BUS).

              BY ADVS.
              RAJAN P.KALIYATH
              ARCHANA SATISH(K/001719/2022)

              SMT MABLE C. KURIAN, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 43040 of 2022                  3




                                  JUDGMENT

Separate claim petitions were filed before the Motor Accidents Claims

Tribunal, as O.P.(MV) Nos.433, 434, 457, 458, 459 and 460 of 2012, claiming

compensation for injury sustained by the claimants in a motor vehicle

accident that took place on 28.08.2011. The petitioner herein was arrayed as

the 1st respondent in all the cases. For his failure to appear before the

Tribunal, he was set ex parte and Ext.P1 award was passed on 22.05.2014.

Pursuant to the award, recovery proceedings were initiated against the

petitioner. Contending that the petitioner was unaware of the proceedings

and challenging the recovery, this writ petition is filed.

2. I have heard the learned counsel appearing for the petitioner and

the learned counsel appearing for the respondents.

3. Having considered the submissions advanced, I am of the

considered opinion that the remedy open to the petitioner is either to

approach the Tribunal concerned or to prefer an appeal challenging the

award passed against him. However, in view of the fervent request made by

the petitioner for a breathing time to pursue his remedies, necessary

directions can be issued.

4. Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the 3rd

respondent to keep in abeyance the proceedings pursuant to Ext.P1 for a

period of one month to enable the petitioner to exhaust his remedies.

This writ petition is disposed of .

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS

APPENDIX OF WP(C) 43040/2022

PETITIONER(S)EXHIBITS :

Exhibit P1 TRUE COPY OF THE COMMON AWARD DATED 22/5/2014 IN OP(MV) NO.433/2012 AND CONNECTED CASES OF MACT, PALAKKAD.

Exhibit P2 TRUE COPY OF THE DRIVING LICENCE OF THE 2ND RESPONDENT DRIVER DATED.

Exhibit P3 TRUE COPY OF THE COMMON AWARD DATED 13/11/2014 IN OP(MV) NO.344/2012 AND CONNECTED CASES OF MVACT, OTTAPALAM.