IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5494 of 2011(J) ------------------------------------- PETITIONER(S): -------------------------- M.NAZARUDHEEN, AGED 54 YEARS, S/O.MOIDEEN KUNJU, PROPRIETOR, AAV FOODS & BEVERAGES, MAROTTICHODU, EDAPPALLY P.O., KOCHI - 24. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPESENTED BY ITS SECRETARY, HOME DEPARTMENT, STATE SECETARIAT, THIRUVANANTHAPURAM PIN-695001. 2. THE COMMISSIONER OF POLICE, KOCHI CITY PIN-682031. 3. THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, THRIKKAKARA 4. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, THRIKKAKARA PIN - 682028. 5. A.T.MOHAN, S/O. THANKAPPAN NAIR, PROPRIETOR, SASTHA AGENCIES, SOORYA THEKKINETH HOUSE,KOOVAPPADY P.O. PERUMBAVOOR PIN – 683544. R1 TO R4 BY GOVT. PLEADER SMT.CHARISHMA R5 BY ADV. SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5494/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE KVAT REGISTRATION DTD. 18.7.09. P2:- COPY OF THE LICENSE DTD. 29.7.2010. P3:- COPY OF THE PETITION DT. 7.2.2011. P4:- COPY OF THE RECEIPT DTD. 8.2.2011. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss V.CHITAMBARESH,J. :::::::::::::::::::::::::::::::::::::::: W.P.(C) No.5494 of 2013 .......................................................... Dated this the 7th day of June, 2013 J U D G M E N T The petitioner was the driver of a vehicle involved in a motor accident. There was a claim against the driver and owner of the vehicle for compensation. The claim was laid as O.P (MV)No.2176/2003 on the file of the Motor Accidents Claim Tribunal, Perumbavoor. 2. It appears that the petitioner was set exparte before the Tribunal. The award passed therein directed the insurance company to pay the amount to the claimant. Nevertheless the insurance company was permitted to proceed against the driver. This is because the Tribunal found that there has been a violation of the policy conditions. 3. The revenue recovery proceedings have now been initiated at the instance of the insurance company. The insurance company has already paid the amount to the claimant in the case. The petitioner contends that the insurance policy covers him as well. It is for the petitioner to apply for setting aside the exparte award before the Tribunal. 4. This Court admitted the writ petition and granted a stay on deposit of Rs.10,000/-(Rupees ten thousand only) by W.P.(C) No.5494 of 2013 2 order dated 23-4-2013. It is reported that the deposit has been made and the balance amount is sought to be recovered now. I permit the petitioner to move the Tribunal to set aside the exparte award in O.P (MV)No.2176/2003. 5. Any application filed within a period of three weeks shall be dealt with by the Motor Accident Claims Tribunal, Perumbavoor within two months therefrom. It is open to the petitioner to apply for condonation of delay in seeking to set aside the exparte award. The recovery of the balance amount due under Ext.P2 notice shall be put on hold till the applications are disposed of by the Motor Accident Claims Tribunal, Perumbavoor. The writ petition is disposed of. V.CHITAMBARESH JUDGE smm