Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944 OP (MAC) NO. 121 OF 2022 AWARD IN OP(MV) 1968/2008 & 1973/2008 DATED 27.9.2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR
PETITIONER: JOJU AGED 50 YEARS S/O.POULOSE, 236, VIDAYATHIL HOUSE, P.O.MARATHAKKARA, THRISSUR, PIN - 680306 BY ADVS. A.R.NIMOD M.A.AUGUSTINE RESPONDENTS: 1 LAZAR S/O. OUSEPH, PUDUSSERYPPADI HOUSE, KONIKKARA DESOM, THRIKKUR VILLAGE, THRISSUR, PIN - 680306 2 ORIENTAL INSURANCE CO. LTD MAHESWARI BLDG., 3RD FLOOR, M.G.ROAD, THRISSUR., PIN - 680001 3 K.M.KASIM KUMMAKANDATHIL HOUSE, PERINGOTTUKARA, THRISSUR, PIN - 680565 4 SHAMJITH S/O.KASIM, KARAKKETTIYAKATH HOUSE, THAIKKAD PO, GURUVAYOOR (VIA), CHAVAKKAD TALUK, THRISSUR DT., PIN - 680104
SMT.K.S.SANTHI, SC THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.11.2022, ALONG WITH OP (MAC).123/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(MAC) Nos.121 & 123/2022 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 7TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA, 1944 OP (MAC) NO. 123 OF 2022 AWARD IN OP(MV) 1968/2008 & 1973/2008 DATED 27.9.2017 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR PETITIONER: JOJU AGED 50 YEARS S/O. POULOSE, 236, VIDAYATHIL HOUSE, P.O. MARATHAKKARA, THRISSUR, PIN - 680306 BY ADVS. A.R.NIMOD M.A.AUGUSTINE RESPONDENTS: 1 LAZAR S/O.OUSEPH, PUDUSSERYPPADI HOUSE, KONIKKARA DESOM, THRIKKUR VILLAGE, THRISSUR, PIN - 680306 2 ORIENTAL INSURANCE CO. LTD. MAHESWARI BLDG., 3RD FLOOR, M.G. ROAD, THRISSUR 680001 REPRESENTED BY BRANCH MANAGER 3 K.M.KASIM KUMMAKANDATHIL HOUSE, PERINGOTTUKARA, THRISSUR, PIN - 680565 4 SHAJAHAN S/O. KASIM, KAREKKETIYAKATH HOUSE, THAIKKAD PO, GURUVAYOOR (VIA),CHAVAKKAD TALUK, THRISSUR DT., PIN - 680104 THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 07.11.2022, ALONG WITH OP (MAC).121/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(MAC) Nos.121 & 123/2022 3
JUDGMENT
O.P.(MAC) Nos.121 and 123 of 2022 have been filed challenging the award passed on 27.09.2017 in O.P.(M.V)No.1968 of 2008 and O.P.(MV) No.1973 of 2008 in respect of an accident occurred on 15.08.2008 at 10.30 P.M. The claimants who were travelling as passengers in a car bearing registration No.KL-46/B- 91 sustained injuries on account of having met with an accident with a lorry bearing registration No.KL-7/P-3094 driven by the first respondent and owned by the petitioner. Before the Motor Accidents Claims Tribunal, neither the owner or the driver despite having received the notice, contested the petition which resulted into an award determining the compensation by ordering the insurance company to discharge the liability of the award and thereafter seek recovery under the revenue recovery proceedings. In those proceedings, the petitioner came to know about the aforementioned award and accordingly filed a review application, application for setting aside the ex-parte award as well as for interim stay.
2. Learned counsel appearing on behalf of the petitioner
submits that the petitioner was confident that the liability would be of the Insurance Company as the driving licence held by the driver OP(MAC) Nos.121 & 123/2022 4 was valid, but, at the time of the accident it had already been submitted to the authorities for renewal against a valid receipt. The receipt was produced before the police, but the Insurance Company had filed an application against the ex parte owner and driver. No effort was made to summon the record of the police to show whether the police had seized the licence of the owner or driver or the circumstances, which have surfaced in this case, were in existence at the relevant point of time. He prays that a direction be issued to the MACT to expedite the hearing of the applications referred to above and till such time, recovery need not be made against the owner for the claim of the claimants have already been satisfied.
3. Issue notice before admission. Ms.K.S.Santhi accepts
notice for the Insurance Company. She submits that the petitioner as well as the driver had deliberately absented from the proceedings. Had these documents and the contention were brought before the MACT, the said anomalous situation would not have arisen.
4. I have heard the counsel for the parties and appraised the paper book.
5. It is a matter of record that on account of the award
OP(MAC) Nos.121 & 123/2022 5 dated 27.09.2017, the claim of the claimants have already been satisfied by the Insurance Company as per the directions contained but, the Insurance Company is not seeking recovery from the owner. The contention of the owner for the time being appears to be just and equitable as the receipt given by the registering authorities for renewal of the licence was in existence and had been submitted to the police authorities. For the reason best known it was not brought to the notice of the MACT.
6. Since the applications for review/setting aside of the ex
parte order as well as for interim stay are pending, I am of the view that it would be appropriate to issue directions to the MACT to decide the interim applications in O.P.(M.V.) No.1968 of 2008 and O.P.(MV) No.1973 of 2008 wherein applications have been filed to expedite the hearing of the applications, in accordance with law by affording 3-3 effective opportunities to the parties and decide the same within a period of four months. Till such time the recovery proceedings initiated against the owner is ordered to be kept in abeyance. Original Petitions stand disposed of. Sd/- AMIT RAWAL JUDGE csl OP(MAC) Nos.121 & 123/2022 6 APPENDIX OF OP (MAC) 123/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE COMMON AWARD BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 27.09.2017 Exhibit-P2 TRUE COPY OF HIS DRIVING LICENSE WITH NO KL0819850000744 Exhibit-P3 TRUE COPY OF THE DRIVING LICENSE REGISTER ISSUED BY THE TRANSPORT DEPARTMENT, STATE OF KERALA Exhibit-P4 TRUE COPY OF I.A 1/2022 DATED 22.06.2022 ALONG WITH AFFIDAVIT TO SET ASIDE EX-PARTE AWARD IN OP(MV) 1973/2008 Exhibit-P4 TRANSLATION OF EXT-P4 Exhibit-P5 TRUE COPY OF R.P 2/2022 DATED 22.06.2022 TO REVIEW AWARD IN OP(MV) 1973/2008 Exhibit-P5 TRANSLATION OF EXT-P5 Exhibit-P6 TRUE COPY OF I.A 3/2022 DATED 01.08.2022 ALONG WITH AFFIDAVIT TO CONDONE THE DELAY IN REVIEWING THE AWARD IN OP(MV) 1973/2008 Exhibit-P6 TRANSLATION OF EXT-P6 Exhibit-P7 TRUE COPY OF EXECUTION APPLICATION
E.A.182/2022 DATED 22.06.2022 TO WITHDRAW REVENUE RECOVERY PROCEEDINGS IN E.P 188/2019 IN OP(MV) 1973/2008
Exhibit-P7 TRANSLATION OF EXT-P7 OP(MAC) Nos.121 & 123/2022 7 APPENDIX OF OP (MAC) 121/2022 PETITIONER'S EXHIBITS Exhibit-P1 TRUE COPY OF THE COMMON AWARD BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR DATED 27.09.2017 Exhibit-P2 TRUE COPY OF DRIVING LICENSE WITH NO KL0819850000744 Exhibit-P3 TRUE COPY OF THE DRIVING LICENSE REGISTER ISSUED BY THE TRANSPORT DEPARTMENT, STATE OF KERALA Exhibit-P4 TRUE COPY OF I.A 1/2022 DATED 22.06.2022 ALONG WITH AFFIDAVIT TO SET ASIDE EX- PARTE AWARD IN OP(MV) 1968/2008 Exhibit-P4 TRANSLATION OF EXT-P4 Exhibit-P5 TRUE COPY OF R.P 2/2022 DATED 22.06.2022 TO REVIEW AWARD IN OP(MV) 1968/2008 Exhibit-P5 TRANSLATION OF EXT-P5 Exhibit-P6 TRUE COPY OF I.A 3/2022 DATED 01.08.2022 ALONG WITH AFFIDAVIT TO CONDONE THE DELAY IN REVIEWING THE AWARD IN OP(MV) Exhibit-P6 TRANSLATION OF EXT-P6 Exhibit-P7 TRUE COPY OF EXECUTION APPLICATION E.A REVENUE RECOVERY PROCEEDINGS IN E.P Exhibit-P7 TRANSLATION OF EXT-P7 Exhibit-P8 TRUE COPY OF THE REVENUE RECOVERY NOTICE OP(MAC) Nos.121 & 123/2022 8 RECEIVED WITH RRC NO. 2017/4074/08 DATED 30-07.2020 Exhibit-P8 TRANSLATION OF EXT-P8