Kerala High Court
M.K. Pramod vs Mullath Shahul Hameed on 6 September, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 1
2024:KER:68774
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
RP NO. 637 OF 2017
AGAINST THE JUDGMENT DATED 30.09.2013 IN MACA NO.444
OF 2006 OF HIGH COURT OF KERALA
REVIEW PETITIONER/2ND RESPONDENT :
M.K. PRAMOD
S/O.APPU, MELEKKARAPARAMBATH HOUSE,
CHATHAMANGALAM (PO), REC,
KOZHIKODE DISTRICT
BY ADV PHIJO PRADEESH PHILIP
RESPONDENTS/APPELLANT & RESPONDENTS NOS.1 & 3:
1 THE ORIENTAL INSURANCE COMPANY LIMITED
REPRESENTED BY ITS ADMINISTRIATIVE OFFICE,
REGIONAL OFFICE, METRO PLAZA,
NORTH RAILWAY STATION ROAD,
ERNAKULAM, PIN 682 001.
2 K.M.NASER
S/O.MOIDEENKUTTY, KONAM MANNIL HOUSE,
THIRUVAMBADI AMSOM DESOM, THIRUVAMBADI (PO),
KOZHIKODE, PIN 673 603.
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 2
2024:KER:68774
3 MULLATH SHAHUL HAMEED,
S/O.EANTHEENKUTTY MUSLIAR,
UNNIYA, PUTHIYA KADAPPURAM (PO),
TIRUR TALUK, KOZHIKODE, PIN 673 101.
BY ADV SRI.K.V.SREERAJ
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
06.09.2024, ALONG WITH MACA.1355/2006 AND O.P.(MAC)NO.
140/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 3
2024:KER:68774
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
MACA NO. 1355 OF 2006
AGAINST THE AWARD IN O.P.(MV)NO.259 OF 2001 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR DATED 18.10.2005
APPELLANT/PETITIONER :
MULLATH SHAHUL HAMEED
S/O. EANTHEENKUTTY MUSALIYAR, UNNIYAL,
PUTHIYAKADAPPURAM, TIRUR TALUK.
BY ADV SRI.ESM.KABEER
RESPONDENTS/RESPONDENTS :
1 K.M.NAZAR,
S/O.MOIDEENKUTTY
KONOMMANNIL HOUSE, THIRUVAMBADY AMSOM DESOM,
P.O. THIRUVAMBADI,
(DRIVER OF LORRY KL-11B/3123).
2 M.K. PRAMOD
S/O. APPU, MALAKKARA PARAMBATH HOUSE,
P.O. CHANGARAMKULAM, MALAPPURAM DISTRICT,
(OWNER OF LORRY KL-11B/3123) (ADDRESS OF SECOND
RESPONDENT AMENDED AS -M.K.PRAMOD, S/O APPU,
MALAKKARA PARAMBATH HOUSE, CHATHAMANGALAM P.O,
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 4
2024:KER:68774
REC KOZHIKODE, PIN-673601 - AS PER ORDER DATED
09/06/2016 IN IA-1798/16 IN MACA 1355/06)
3 TEH ORIENTAL INSURANCE COMPANY LTD.,
BRANCH OFFICE, TIRUR.
BY ADVS.
PHIJO PRADEESH PHILIP
SRI.VPK.PANICKER
ARUN AJAY SHANKAR
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR
ADMISSION ON 06.09.2024, ALONG WITH RP.637/2017 AND O.P.
(MAC)NO. 140/2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 5
2024:KER:68774
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. A.MUHAMED
MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
OP (MAC) NO. 140 OF 2018
AGAINST THE ORDER DATED 31.03.2018 IN I.A.NO.2710 OF
2016 & I.A.NO.2711 OF 2016 OPMV NO.259 OF 2001 OF MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR
PETITIONER/PETITIONER :
M.K. PRAMOD
AGED 42 YEARS
S/O.APPU, MELAKKARAPARAMBATH HOUSE,
CHATHAMANGALAM (PO), REC,
KOZHIKODE DISTRICT.
BY ADV SRI.PHIJO PRADEESH PHILIP
RESPONDENTS/RESPONDENTS :
1 MULLATH SHAHUL HAMEED
S/O.EANTHEEKUTTY MUSLIAR,
UNNIYAL, PUTHIYA KADAPPURAM (PO),
TIRUR TALUK, KOZHIKODE,
PIN - 673 101.
2 K.M.NASER
S/O.MOIDEENKUTTY, KONAM MANNIL HOUSE,
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 6
2024:KER:68774
THIRUVAMBADI AMSOM DESOM,
THIRUVAMBADI (PO),
KOZHIKODE, PIN - 673 603.
3 THE ORIENTAL INSURANCE COMPANY LIMITED
BRANCH OFFICE, TIRUR, KOZHIKODE DISTRICT,
PIN - 673 101.
BY ADV Panicker V.P.K.
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
06.09.2024, ALONG WITH RP.637/2017 AND MACA.1355/2006, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.637 of 2017,
MACA No.1355 of 2006 &
OP(MAC)No.140 of 2018 7
2024:KER:68774
JUDGMENT
A.Muhamed Mustaque, Acg.C.J.
The review petition was filed by the alleged owner of
the vehicle, who was aggrieved by the judgment. The review
was filed on the ground that he had not been served with notice.
It is noted that no direct notice was served in the MACA case,
but paper publication was carried out. In the connected MACA
filed by the claimant for enhancement of compensation, the
alleged owner was served with notice. The claimant has not yet
received compensation. The Tribunal found that the claimant
was gratuitous passenger and directed the company to pay the
amount and recover it. This decision was challenged in an
appeal by the insurance company. In appeal, the insurance
company was exonerated. It is against this judgment, the review
petition was filed. But, at that time, the claimant's appeal was
still pending before this Court and that had not been disposed of.
It remains a fact that notice was served through paper
publication. The claimant is yet to receive compensation. The
alleged owner contends that he had already transferred the
vehicle to a third party.
RP No.637 of 2017,
MACA No.1355 of 2006 &
2024:KER:68774
Having considered the facts and circumstances in toto,
we are of the view that the review petition has to be allowed.
We are also of the view that both the appeal and the original
petition also can be disposed of by remanding the same to the
Tribunal for fresh consideration, taking into account the
objections of the alleged owner. The parties are directed to
appear before the Tribunal on 01.10.2024. The Tribunal is
directed to dispose of the matter within six months from the
date of appearance, if possible. All parties are granted the liberty
to adduce fresh evidence, if necessary, within six months.
In the result, the review petition is allowed and both the
appeal and the original petition stand disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE,
ACTING CHIEF JUSTICE
Sd/-
S.MANU,
JUDGE
rkj
RP No.637 of 2017,
MACA No.1355 of 2006 &
2024:KER:68774
PETITIONER EXHIBITS
ANNEXURE A TRUE COPY OF THE REGISTRATION
PARTICULARS OF THE VEHICLE KL-11B-3123
ISSUED FROM THE KODUVALLY MOTOR VEHICLES
INSPECTOR ON 23.06.2017
ANNEXURE B TRUE COPY OF THE CERTIFICATE-CUM-POLICY
CERTIFICATE DATED 27.08.1998
RP No.637 of 2017,
MACA No.1355 of 2006 &
2024:KER:68774
APPENDIX OF OP (MAC) 140/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CLAIM PETITION FILED BY
THE 1ST RESPONDENT BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR DATED
21/05/2001.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION
PARTICULARS OF THE VEHICLE KL-11B-3123
ISSUED FROM THE KODUVALLY MOTOR VEHICLES
INSPECTOR ON 23/06/2017.
EXHIBIT P3 TRUE COPY OF THE AWARD DATED 18/10/2005
IN O.P.(MV) NO.259/2001 ON THE FILES OF
MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR.
EXHIBIT P4 TRUE COPY OF THE I.A.NO.2710/2016 IN
O.P.(MV) NO.259/2001 BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR.
EXHIBIT P5 TRUE COPY OF THE I.A.NO.2711/2016 IN
O.P.(MV) NO.259/2001 BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, TIRUR.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED
30/09/2013 IN MACA NO.444/2006 OF THIS
HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE-CUM-POLICY
SCHEDULE ISSUED BY THE ORIENTAL
INSURANCE COMPANY LIMITED TO VEHICLE
BEARING NO.KL-11B-3123 FOR THE PERIOD
FROM 28/08/1998 TO 27/08/1999.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 31/03/2018
IN I.A.NO.2710/2016 IN O.P.(MV)
NO.259/2001 BEFORE THE MOTOR ACCIDENT
CLAIMS TRIBUNAL, TIRUR.
RP No.637 of 2017,
MACA No.1355 of 2006 &
2024:KER:68774
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 31/03/2018
IN I.A.NO.2711/2018 IN O.P.(MV)
NO.259/2001 BEFORE THE MOTOR ACCIDENT
CLAIMS TRIBUNAL, TIRUR.
