[Cites 3, Cited by 0]
Kerala High Court
Peter Thomas vs Maheswari on 27 January, 2026
OP (MAC) NO. 149 OF 2025 1
2026:KER:6652
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
OP (MAC) NO. 149 OF 2025
IN OPMV NO.1030 OF 2022 OF MOTOR ACCIDENT CLAIMS TRIBUNAL
,ERNAKULAM
PETITIONER/RESPONDENTS 1 AND 2:
1 PETER THOMAS,
AGED 42 YEARS
ATTUVELIL HOUSE, RAMAMANGALAM P.O., ERNAKULAM DISTRICT,
PIN - 686663
2 EMY MARY ELIAS,
AGED 38 YEARS
W/O. PETER THOMAS,ATTUVELIL HOUSE, RAMAMANGALAM P.O.,
ERNAKULAM DISTRICT, PIN - 696663
BY ADV SMT.MARY BENJEMIN
RESPONDENTS/PETITIONERS AND RESPONDENT 3:
1 MAHESWARI,
AGED 45 YEARS
W/O MANIKANDAN, KULAPPARA HOUSE, VENGOLA P.O., ERNAKULAM,
PIN - 686556
2 VIGNESH M.,
AGED 24 YEARS
PANDARATHRA, ERATTUKULAM, ELAPPULLY, PALAKKAD, PIN -
678622
3 KARTHIKEYAN K.M.,
AGED 21 YEARS
OP (MAC) NO. 149 OF 2025 2
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PANDARATHRA, ERATTUKULAM, ELAPPULLY, PALAKKAD, PIN -
678622
4 MANIKANDAN V.,
AGED 53 YEARS
PANDARATHRA, ERATTUKULAM, ELAPPULLY, PALAKKAD, PIN -
678622
5 FUTURE GENERALI INDIA INSURANCE CO. LTD.,
3RD FLOOR, BUILDING NO. 2253,MAVELIL ROAD, KADAVANTHRA,
COCHIN, REP. BY ITS BRANCH MANAGER, PIN - 682020
ADDL.R6 THE DEPUTY COMMISSIONER OF POLICE FOR KOCHI CITY (L&O II)
OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, KOCHI CITY
ERNAKULAM - 682 011.
ADDL.R7 THE ASSISTANT COMMISSIONER OF POLICE,
TRIKKAKARA, OFFICE OF THE ASSISTANT COMMISSIONER OF
POLICE, TRIKKAKARA, ERNAKULAM - 682 030.
ADDITIONAL R6 AND R7 ARE IMPLEADED AS PER ORDER DATED
17.11.2025 IN I.A.NO.1/2025.
BY ADVS.
SHRI.SUSANTH SHAJI
SHRI.SIDHARTH O.
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
SMT.DEVI SHRI R., GP
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 27.01.2026, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MAC) NO. 149 OF 2025 3
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JUDGMENT
The original petition is filed with the following prayers:
"(i) To call for the records leading to the case;
(ii) To pass such orders or direction to keep in abeyance the further
proceedings in OP (MV)1030/2022 on the files of the Motor Accident
Claim Tribunal, Ernakulam, till the completion of the further
enquiry and submission of final report in FIR No. 876/2021 of
Ambalamedu Police Station pursuant to Exhibit P3 Judgment;
(iii) To pass such other order as are deemed just fair and reasonable
in the facts and circumstances of the case."
2. Earlier, the petitioners had approached this Court by filing
OP(MAC) Nos.34/2025 and 51/2025. Crl. M.C No.8808/2022 was also filed
to quash the final report in CC No. 466/2022 on the files of the Judicial
First Class Magistrate Court, Chottanikkara, arising from FIR 876/2021 of
Ambalamedu Police Station registered under Sections 279 and 304A of
the Indian Penal Code. OP(MV) Nos.34/2025 and 51/2025 were filed to
direct the Motor Accidents Claims Tribunal, Ernakulam to return OP(MV)
1030/2022 filed. The prayer in OP(MAC) 34/2025 was to defer the
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consideration of the case by the MACT.
3. Through judgment dated 13.08.2025, this Court found that all
the contentions raised therein are matters to be decided on evidence. It
is found that the reliability or otherwise of the materials produced is a
matter to be tested at the time of trial and not in a petition under Section
482 of the CrPC. As regards the original petitions filed, it was held that
the Tribunal will have to consider the question of negligence and that
without prejudice to the right of the petitioners to question the charge
sheet and also lead evidence before the Tribunal to substantiate their
contentions, OP(MAC) 34/2025 was dismissed.
4. After the said dismissal, the petitioners again filed W.P.(Crl.)
1184/2025 seeking a direction to conduct a re investigation. This Court
by Ext.P3 judgment dated 27.08.2025 directed the respondents therein to
complete the enquiry within six weeks from the date of receipt of a copy
of this judgment. The petitioners concedes in the writ petition that on
16.09.2025, a report was filed finding that there were no irregularity in
the investigation conducted. Thereafter, the petitioners met the DCP and
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narrated the entire events. One person, who claims to be an eyewitness
had also sent a statement via e-mail to the ACP office, as seen from
Ext.P5.
5. The present original petition is to keep in abeyance the
further proceedings in OP(MV) 1030/2022 on the files of the Motor
Accidents Claims Tribunal, Ernakulam, till the completion of the further
enquiry or submission of the final report.
6. It has to be straight away noticed that the very same prayers
were made earlier, and this Court had rejected the contentions of the
petitioners through Ext.P2, after which, through Ext.P3 judgment, this
Court had directed the further investigation to be completed in six
weeks, which was also completed as admitted in the writ petition itself.
7. It was clearly found in Ext.P2 judgment that proceedings
before the Tribunal cannot be stalled to await the challenge made by the
petitioners as against the criminal proceedings. The said judgment has
become final.
8. The statement filed on 09.01.2026 by the ACP states that the
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steps have been initiated for a further investigation of the case. If the
investigation turns out to be in favour of the petitioners, the petitioners
can take advantage of the same, but that cannot be a reason for stalling
the proceedings before the Tribunal, as already held in Ext.P2 judgment.
Given the above, I do not find any merit in this Original Petition,
and the same will stand dismissed.
Sd/-MOHAMMED NIAS C.P.
JUDGE
lsn
2026:KER:6652
APPENDIX OF OP (MAC) NO. 149 OF 2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY THE PETITION IN OP(MV) NO. 1030/2022
ON THE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL,
ERNAKULAM
Exhibit P2 A TRUE COPY OF THE COMMON JUDGMENT DATED
13.08.2025 IN CRL.MC NO. 8808/2022, OP(MAC)
NO.34/2025 AND OP(MAC) NO.51/2025 OF THIS
HONOURABLE COURT
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 27.08.2025 IN
W.P.(CRL.) 1184/2025 PASSED BY THIS HONOURABLE
COURT
Exhibit P4 A TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT
FILED BY THE RESPONDENTS 1 AND 2 (THE
PETITIONERS HEREIN) IN O.P.(MV) 1030/2022 ON
THE FILES OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
ERNAKULAM
Exhibit P5 A TRUE COPY OF THE INCIDENT REPORT STATEMENT OF
MR. BINEESH ROBIN, EMAILED BY HIM TO THE ACP
OFFICE, THRIKKAKARA, ERNAKULAM ALONG WITH THE
SCREENSHOT OF THE MAIL
RESPONDENT EXHIBITS
Ext. R1(a) True copy of the FIR dated 16.10.2021 in Crime
No.876/2021 on the files of Ambalamedu Police
Station
Ext. R1(b) True copy of the Final Report dated 30.05.2022
in Crime No.876/2021 on the files of Ambalamedu
Police Station
Ext. R1(c) . True copy of the judgment dated 12.12.2024 in
W.P.(Crl.) No.343/2021 on the files of this
Hon'ble Court
Ext. R1(d) True copy of the memo dated 16.01.2026 submitted
by the petitioners herein in O.P. (M.V.) No.
1030/2022 on the files of MACT, Ernakulam
Ext. R1(e) True copy of the list of documents dated
16.01.2026 submitted by the petitioners herein
in O.P. (M.V.) No. 1030/2022 on the files of
MACT, Ernakulam
Ext. R1(f) True copy of the seizure mahazar dated
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18.10.2021 in respect of the motor cycle bearing
Registration No. KL-43-D-3993
Ext. R1(g) True copy of the seizure mahazar dated
18.10.2021 in respect of the car bearing
Registration No. KL-17-N-2531
Ext. R1(h) True copy of the MVI report dated 25.10.2021 of
motor cycle bearing Registration No. KL-43-D-
Ext. R1(i) True copy of the MVI report of car bearing
Registration No. KL-17-N-2531
