Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY,THE18H DAY OF MARCH201427TH PHALGUNA, 1935 O.P.(MAC).No.19 of 2014 (O) -------------------------------------------------- [AGAINST THE ORDER
IN I.A.No.5406 OF2013IN O.P.(MV).No.229/2005 DATED1601.2014 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA]. ----------------------------------------------- PETITIONER(S)/ 2ND COUNTER PETITIONER/2ND RESPONDENT:- -------------------------------------------------------------------------------------------- A.MOORTHY, PROPRIETOR, SRI BHAGAVATHY MOTORS SALES AND SERVICE, THINKAL NAGAR, THALAKULAM ROAD, NEYOOR POST, KANYAKUMARI DISTRICT, TAMIL NADU - 629 802. BY ADV. SRI.SUMAN CHAKRAVARTHY. RESPONDENT(S)/ PETITIONERS/APPLICANTS, COUNTER PETITIONERS/RESPONDENTS1 3 AND4- ------------------------------------------------------------------------------------------------------ 1. JAYAKUMARI, AGED30YEARS, W/O.LATE VIJAYAN, SRIDHI SAI BHAVAN, OORUTTUKALA, NEYYATTINKARA, PIN - 695 121.
2. VIJAYALESHMI (MINOR), REPRESENTED BY HER MOTHER THE IST RESPONDENT.OF DO-DO., PIN - 695 121.
3. HARIKUMAR, AGED39YEARS, S/O.CHANDRASEKHARAN NAIR, RAMAKRISHNA BHAVAN,MEKKODE, MONDAY MARKET, PIN - 629 802.
4. BHOOTHALINGAM, PROPRIETOR, SREE VASTHA BAJAJ, 253/D-1, KP ROAD, NAGERCOIL, KANYAKUMARI DISTRICT, PIN - 629 001. R1 & R2 BY ADVS. SRI.R.T.PRADEEP SRI.P.BIJIMON R4 BY ADV. SRI.ALEXANDER GEORGE THIS ORIGINAL PETITION (MAC) HAVING BEEN FINALLY HEARD ON1803-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- O.P.(MAC).No.19 of 2014 (O) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1 COPY OF THE CLAIM PETITION IN O.P.(MV).NO.229/05. EXT.P2 COPY OF THE AMENDMENT APPLICATION. EXT.P3 COPY OF THE OBJECTION. EXT.P4 COPY OF THE ORDER
IN1601/2014 IN I.A.5406/13 IN OP22905. RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL vku/- ( true copy ) K. Vinod Chandran, J ------------------------------------ O.P.(MAC).No.19 of 2014-O ------------------------------------ Dated this the 18th day of March, 2014 JUDGMENT
The petitioner, who is the 2nd respondent before the Motor Accidents Claims Tribunal, Neyyattinkara, is aggrieved by Exhibit P4 order, which has been passed in an application for amendment.
2. The brief facts to be noticed is that the respondents 1 and 2 herein, who were the claimants before the Tribunal in an Original Petition of the year 2005, sought for an amendment in the year 2013. In fact, it is the specific contention of the petitioner that the evidence of both parties were closed and subsequent to that, an amendment was sought for enhancing the claim from Rupees Six Lakhs to Rupees Twelve Lakhs, when the matter was posted for hearing. The petitioner is aggrieved by the cryptic order made under Exhibit P4, despite serious objections having been raised by Exhibit P3. OP(MC).No.19 of 2014-O - 2 - 3. Though the objections were noticed, as raised, in Exhibit P4, the Tribunal was of the opinion that strict application of law is not required and, hence, the application was allowed without considering any of the objections. The learned counsel for the petitioner specifically points to Rule 21 of the Kerala Motor Accidents Claims Tribunals Rules, 1977, wherein Rules 16 to 18 of Order VI of the Code of Civil Procedure have been specifically included and made applicable to the proceedings before the Tribunal. The petitioner only contends that in fact the objections ought to have been considered by the Tribunal before allowing the amendment.
4. Having heard the learned counsel appearing for the parties and on going through the relevant provisions, this Court is of the opinion that the objections raised by the petitioner herein have to be considered by the Tribunal. In that view of the matter, the Original Petition has to be allowed on that short ground and Exhibit P4 order is set aside and the application shall be considered de novo, by the Tribunal. The petitioner and the claimants/respondents OP(MC).No.19 of 2014-O - 3 - 1 and 2 herein shall appear before the Tribunal on 04.04.2014, on which date the matter stands posted, and produce a certified copy of this judgment before the Tribunal. The Tribunal shall issue notice on the Interlocutory Application to the other respondents and despite they having not appeared earlier. This is imperative, in so far as, if the liability is mulcted on any of the said respondents eventually, then they would raise a contention that they were not put to notice of the enhanced claim. They shall be set ex parte in the I.A., if they do not respond to such notice on the Interlocutory Application. In any event, the Tribunal shall dispose of the claim petition within a period of three months from the date of production of a copy of this judgment. The parties are at liberty to raise all contentions before the Tribunal. The Original Petition is disposed of as above. No costs. Sd/- K.Vinod Chandran vku/- Judge. ( true copy )