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Dominic Joseph Vs. Satheesh P.B - Court Judgment

LegalCrystal Citation
CourtKerala High Court
Decided On
Judge
AppellantDominic Joseph
RespondentSatheesh P.B
Excerpt:
.....appendix petitioner(s)' exhibits:- --------------------------------------- ext.p1 - true copy of order dated167-2013 of motor accidents claims tribunal muvattupuzha in ia no.985/2011 in op(mv) no.95/2006. ext.p2 - the true copy of ia no.985/2011 dated164-2011 in op mv no.95/2006 filed by the1t respondent. ext.p3 - the true copy of the ex parte award dated83-2010 of motor accidents claims tribunal, muvattupuzha in op(mv) no.95/2006. ext.p4 - the true copy of the fitness certificate no.g362009 gr dated0411.2009 of auto rickshw no.kl-34/5127. ext.p5 - true copy of the driving license no.44/1753/2003 dated2410.2011 of the2d respondent. respondent(s)' exhibits:- ----------------------------------------- nil. vku/ ( true copy ) k. vinod chandran, j.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY,THE23D DAY OF SEPTEMBER20141ST ASWINA, 1936 O.P.(MAC).No.1 of 2014 (O) ----------------------------------------------- [AGAINST THE ORDER

DATED1607.2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA IN I.A.NOS.984/2O11 AND9852011 IN O.P.(MV) NO.95/2006 TO SET ASIDE THE EX PARTE AWARD DATED0803.2010] -------------------- PETITIONER/ PETITIONER/2ND RESPONDENT:- -------------------------------------------------------------------- DOMINIC JOSEPH, AGED54YEARS, S/O.JOSEPH, RESIDING AT THURUTHEL HOUSE, PAINGOTTOOR P.O., VIA.POTHANICADU, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PINCODE - 686 671. BY ADV. SRI.PEEYUS A.KOTTAM. RESPONDENTS/ PETITIONER/RESPPONDENTS - 1, 3-5:- --------------------------------------------------------------------------------- 1. SATHEESH P.B., AGED22YEARS, S/O.BHASKARAN, RESIDING AT PUTHEUMANAKUDIYIL HOUSE, POTHANICADU PO, KOTHAMANGALAM.

2. JOSE A.C., S/O.CHACKO, RESIDING AT AYYAMKOLIL HOUSE SCHOOL JUNCTION, CHATHAMATTOM PO, VIA.POTHANICADU, KOTHAMANGALAM PINCODE-686 571 ERNAKULAM DISTRICT.

3. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, ELENGICAL PLAZA, KOTHAMANGALAM, ERNAKULAM DISTRICT, PINCODE - 686 691 4. BIJU KUMAR, S/O.BALAKRISHNA PILLAI, RESIDING AT KARTHIKA NIVAS, MANAKKADU PO, KOTTAYAM DISTRICT, PINCODE-6866. O.P.(MAC).No.1 of 2014 (O) - 2 - 5. THE NEW INDIA ASSURANCE CO. LTD., CHANDRIKA BUILDING, M.G.ROAD, COCHIN-682 011. R4 BY ADVS. SRI.A.BALAGOPALAN SRI.A.RAJAGOPALAN R5 BY ADVS. SRI.GEORGE CHERIAN (SENIOR ADVOCATE) SMT.K.S.SANTHI SMT.LATHA SUSAN CHERIAN R BY SRI.A.A.ZIYAD RAHMAN. THIS ORIGINAL PETITION (MAC) HAVING BEEN FINALLY HEARD ON2309-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- O.P.(MAC).No.1 of 2014 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1 - TRUE COPY OF ORDER

DATED167-2013 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL MUVATTUPUZHA IN IA NO.985/2011 IN OP(MV) NO.95/2006. EXT.P2 - THE TRUE COPY OF IA NO.985/2011 DATED164-2011 IN OP MV NO.95/2006 FILED BY THE1T RESPONDENT. EXT.P3 - THE TRUE COPY OF THE EX PARTE AWARD DATED83-2010 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA IN OP(MV) NO.95/2006. EXT.P4 - THE TRUE COPY OF THE FITNESS CERTIFICATE NO.G362009 GR DATED0411.2009 OF AUTO RICKSHW NO.KL-34/5127. EXT.P5 - TRUE COPY OF THE DRIVING LICENSE NO.44/1753/2003 DATED2410.2011 OF THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL. Vku/ ( true copy ) K. Vinod Chandran, J -------------------------------------- O.P.(MAC).No.1 of 2014-O -------------------------------------- Dated this the 23rd day of September, 2014 JUDGMENT

The petitioner is aggrieved by the recovery proceedings initiated by the Insurance Company, the 3rd respondent herein, for realisation of the award amounts as stipulated in Exhibit P3.

2. Admittedly the petitioner was the owner of a motor vehicle, which was involved in an accident. The injured filed a claim petition for compensation, in which the petitioner was the 2nd respondent. The petitioner was issued with notice in the claim petition; but, however, failed to appear. Award was passed by the Motor Accidents Claims Tribunal [for brevity "the Tribunal"] on 08.03.2010. The award was passed after declaring the petitioner ex parte; and the violation of policy conditions, as contended by the Insurance Company, was found in favour of the insurer. The Insurance Company, hence, was permitted to recover the award amounts from the registered owner, the petitioner herein.

3. Admittedly the Insurance Company has paid the entire amounts to the claimant. When recovery was initiated, the petitioner was before the Tribunal, seeking setting aside of the ex parte award by applications in 2011. There was a delay of 390 days in filing the OP(MAC).No.1 of 2014 - 2 - said application. Both the said applications were considered by Exhibit P1 common order. The petitioner's contention was that, he had entrusted the matter to a lawyer and that the lawyer failed to appear before the Tribunal and later on expired. The Tribunal, however, found that the reasons stated are not satisfactory and there is no sufficient cause for non-appearance before the Tribunal. Exhibit P1 common order, hence, rejected the applications of the petitioner to condone the delay and restore the case.

4. Pursuant to the order dated 03.01.2014, the petitioner has produced before this Court, the copy of the fitness certificate, licence and permit, which, according to the petitioner, would negate the contention of violation of policy conditions. That, however, is a matter to be considered by the Tribunal, wherein appropriate evidence has to be adduced, by production of original documents. Taking into consideration the totality of circumstances, it is deemed fit that the applications filed by the petitioner are to be restored, but on terms.

5. In the above circumstances, it is directed that the petitioner shall remit an amount of Rs.2,500/- [Rupees two thousand and five hundred only] to the Kerala Mediation and Conciliation Centre, Ernakulam within a period of three weeks from today and produce the receipt along with a memo before the Tribunal, upon which Exhibit P1 order shall stand set aside and the applications OP(MAC).No.1 of 2014 - 3 - before the Tribunal shall also stand allowed. On condition of the deposit being made, the Tribunal shall restore the claim petition to the files of the Tribunal, set aside the ex parte order to the limited extent of the liability mulcted on the registered owner, only for the purpose of consideration of the allegation of violation of policy conditions. It is made clear that no notice need be issued to the claimant, since the restoration is only for the purpose of consideration, as to whether the Insurance Company is liable or not, which requires only the evidence of the petitioner and the Insurance Company. It is also directed that the petitioner shall, along with the receipt issued by the Kerala Mediation Conciliation Centre and a certified copy of this judgment, appear before the Tribunal on October 15, 2014. The recovery proceedings shall be kept in abeyance till orders are passed in the claim petition, on restoration. The Original Petition is disposed of as above. Sd/- K.Vinod Chandran vku/- Judge. ( true copy )


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