Kerala High Court

OP (MAC)/140/2022 of ANUP SIVADAS, Vs I.R,BIJU on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 OP (MAC) NO. 140 OF 2022 AGAINST THE ORDER/JUDGMENTOPMV 1000/2017 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , IRINJALAKUDA PETITIONER/RESPONDENT NO.1 IN

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944OP (MAC) NO. 140 OF 2022

AGAINST THE ORDER/JUDGMENTOPMV 1000/2017 OF MOTOR ACCIDENT CLAIMS

TRIBUNAL , IRINJALAKUDA

PETITIONER/RESPONDENT NO.1 IN O.P.(MV)/JUDGMENT DEBTOR NO.1(R1) INIA 3/2021:

ANUP SIVADAS,S/O SIVADAS.P, 28/2501, ROHINI HOUSEERNAKULAM, PIN - 682020BY ADVS.SMRUTHI SASIDHARANV.P.BRIJESHASWATHY AMBY

VINOBHANAGAR, CHILAVANOOR, KADAVANTHARA, RESPONDENTS/PETITIONER AND RESPONDENT NO.2 & 3 IN O.P.

(MV)/JUDGMENT DEBTOR (R2) AND DECREE HOLDER IN IA 3/2021:

1I.R,BIJUAGED 42 YEARSS/O. RAVEENDRAN@RAVI, ITTITHARAHOUSE, ALA GOTHURUTH, P.O. KOTHAPARAMBU, S.N.PURAM VILLAGE,KODUNGALLUR TALUK , THRISSUR DIST - 6806642ARJUNSON OF SHAJU T.J, THALATHILPARAMBIL HOUSE, THARAYILKAVALA , MOOPHAKUNNAM KARA, ERNAKULAM DIST , PIN - 6806853THE MANAGERNEW INDIA ASSURANCE CO.LTD,CHANDAPURA,KODUNGALLUR, PIN - 680664SRI.LAL K JOSEPH, SCTHIS OP (MAC) HAVING COME UP FOR ADMISSION ON 30.12.2022, THECOURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

------------------------------

O.P.(MAC).No.140 of 2022

---------------------------------------------- Dated this the 30[th]day of December, 2022

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JUDGMENT

The above Original Petition is filed with thefollowing prayers:

“(i) To direct the Hon'ble Motor Accidents ClaimsTribunal, Irinjalakkuda, that all proceedings pursuantto Exhibit P3 I.A.No.3/2021 in O.P.(MV)No.1000/2017may be kept in abeyance till the disposal of Exhibit P4& P5 which is pending before the Hon'ble MACT,Irinjalakuda.

(ii) Issue such other reliefs as this Hon'bleCourt may deem fit and proper in the circumstances ofthe case.

(iii) Shall dispense with the translation of thevernacular documents.”[SIC]

2. The petitioner suffered Ext.P1 award from the Motor Accident Claims Tribunal, Irinjalakuda. The petitioner submitted Exts.P4 and P5 applications beforethe Tribunal to set aside the ex parte order and tocondone the delay in filing the same. In the meanwhile, OP (MAC) NO. 140 OF 2022

recovery proceedings were initiated against thepetitioner. Hence this Original petition is filed.

3. Heard counsel appearing for the petitioner and the counsel appearing for the 3[rd] respondent. No noticeis necessary to respondents 1 and 2 at this stage and ifthey are aggrieved by the order passed by this Court,they are free to file a review petition before this Court.

4. The limited prayer of the petitioner is toconsider Exts.P4 and P5 by the Tribunal. Admittedly, theInsurance Company already paid the amount and therecovery is based on the requisition from the 3[rd]respondent. In the light of the pendency of Exts.P4 andP5, I think the Tribunal can be directed to consider thoseapplications within a time frame and till then therecovery proceedings can be deferred.

Therefore, this O.P.(MAC) is disposed of in thefollowing manner:

i.There will be a direction to the MotorAccidents Claims Tribunal, Irinjalakuda to consider DM

and pass appropriate orders on Exts.P4 and P5, asexpeditiously as possible, at any rate, within a periodof two months from the date of receipt of a copy ofthis judgment.

ii.Till final orders are passed as directedabove, all further proceedings against the petitionerbased on Ext.P1 award is deferred.

Sd/-

P.V.KUNHIKRISHNAN

JUDGE

5

APPENDIX OF OP (MAC) 140/2022

PETITIONER EXHIBITSEXHIBIT P 1

TRUE COPY OF THE AWARD DATED25/3/2021 IN O.P.(MV) 1000/2017 OFTHE MACT, IRINJALAKUDA

EXHIBIT P 2

TRUE COPY OF THE COMPLAINT BY THEPETITIONERS NEPHEW BEFORE THE SHOKODUNGALLUR DATED 21/3/2017 WITHENGLISH TRANSLATION

EXHIBIT P 3

TRUE COPY OF THE I.A. 3/2021 IN O.P.(MV) 1000/2017 AND REVENUE RECOVERYNOTICE DATED 24/9/2021 FILED BY THE3RD RESPONDENT FOR INITIATE REVENUERECOVERY PROCEEDINGS AGAINST THEPETITIONER OF THE MACT ,IRINJALAKUDA,ALONG WITH ITS ENGLISH TRANSLATION

EXHIBIT P 4

TRUE COPY OF THE I.A. 4 / 2022 INO.P.(MV) 1000/2017 DATED 7/12/2022 OFTHE MACT, IRINJALAKUDA

EXHIBIT P 5

TRUE COPY OF THE I.A. 5 /2022 IN O.P.(MV) 1000/2017 DATED 7/12/2022 OF THEMACT , IRINJALAKUDA

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

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