IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 17227 of 2008(A) -------------------------- OPMV.462/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER(S): --------------- M.P. VARGHESE, S/O POULOSE, MANJUMMEKUDIYIL HOUSE, KEERAMPARAM, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.MAREENA JOSEPH JOSEPH RESPONDENT(S): --------------- 1. SHAJI, S/O HASSAN, PARAMOOTTIL HOUSE, KARICKODE KARA, KARICKODE VILLAGE, THODUPUZHA TALUK. 2. JOHN N.V. S/O VARKEY,NO.6 IST CROSS, PATTAMMAL NAGAR, PONDY. 3. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LIMITED, PULIMOOTTIL SHOPPING ARCADE, THODUPUZHA. ADV. SMT.SARAH SALVY FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17227/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE MEMORANDUM OF CLAIM PETITION. P2. COPY OF THE MEMO DTD.18.7.07. P3. COPY OF THE PROCEEDINGS OF THE COURT BELOW. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.17227 of 2008 ================== Dated this the 26th day of November, 2009 J U D G M E N T The petitioner is the claimant in O.P(M.V).No.462/2005 before the Motor Accidents Claims Tribunal, Muvattupuzha. The Tribunal directed issue of notice to the respondents in the O.P(M.V), who are respondents here also. But the notices to respondents 1 and 2 were not served. On 30.3.2007 the Tribunal directed issue to fresh notice in the correct address of respondents 1 and 2. On 31.5.2007 the petitioner applied for substituted service, which was disallowed and the petitioner was directed to furnish the correct address of respondents 1 and 2 therein. When the matter came up on 8.10.2007, the petitioner and counsel were absent. On the ground that the direction to issue notice in the correct address to respondents 1 and 2 has not been complied with, the Tribunal disallowed the relief against respondents 1 and 2. That order is under challenge before me. 2. The petitioner now submits that the correct address of respondents 1 and 2 are, Shaji, S/o.Hassan, Paramoottil House, Karickode Kara, Karickode Village, Thodupuzha Taluk and John.N.V., S/o.Varkey, No.6, First Cross, Pattamel Nagar, Pondicherry. The petitioner, therefore, submits that if notices are issued in the said address, the same would be properly served. In the above 2 circumstances, the petitioner seeks to set aside the order dated 8.10.2007 of the Tribunal and to permit the petitioner to take out notice in the above address of respondents 1 and 2 in the original petition. 3. I have heard the parties. 4. In this writ petition notices have already been served on respondents 1 and 2 in the address given above. That being so, I do not think that there would be any difficulty in serving notices on them in the O.P(MV). also. In the above circumstances, the order dated 8.10.2007 of the Tribunal disallowing relief against respondents 1 and 2 in the O.P(M.V.) is set aside. The Tribunal is directed to permit the petitioner to take out notice to respondents 1 and 2 in the above said address. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge