IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No.37339 of 2008 (T) ---------------------------------- OPMV.183/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER: --------------- K.C.GEORGE, AGED 54 YEARS, S/O. LATE CHERIAN, KURUNNAPPILLIL HOUSE, VARAPPATTY VILLAGE,KOTHAMANGALAM TALUK. BY ADV. SRI.SHAJI JOSEPH RESPONDENTS: ------------------ 1. BEENA BENNY, AGED 36 YEARS, W/O. BENNY PATHROSE, CHERUPANDALIL HOUSE, MEKKADAMBU P.O.,MUVATTUPUZHA. 2. M/S.ORIENTAL INSURANCE CO.LTD PB NO.8 JYOTHI SUPER BAZAR,THODUPUZHA. 3. M/S. UNITED INDIA INSURANCE CO.LTD VETTUKATTIL BUILDINGS, JOSE JUNCTION, M.G.ROAD, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.37339 of 2008 ------------------------------------------------ Dated this the 18th day of December, 2008 JUDGMENT The petitioner is the first respondent in Ext.P1 claim petition (O.P.(MV).183/07) filed before the Motor Accident Claims Tribunal, Muvattupuzha. Compensation claimed as per Ext.P1 is for a total amount of Rs.1,06,000/- limiting it to Rs.75,000/-. The petitioner remained ex parte. 2. It is submitted by the counsel for the petitioner that pending Ext.P1 the first respondent/claimant filed a petition for attachment of the car belonging to the petitioner worth Rs.4 lakhs even as per the attachment schedule filed by the first respondent; that the vehicle involved in the accident was having valid insurance and the driver was having valid driving licence evidenced respectively by Exts.P4(a) and P4; W. P. C. No.37339 of 2008 -2- that the petitioner has moved application in the court below to set aside the order setting him ex parte condoning the delay of 410 days and to submit the documents of insurance, driving licence etc. so as to convince the court the existence of a valid insurance policy and that the liability in the circumstances of the case will be fastened only on the Insurance Company which is impleaded as the third respondent in O.P.(MV). 183/07 and that appropriate directions be given to the M.A.C.T, Muvattupuzha to pass appropriate orders on Ext.P3 application, to set aside ex parte order and not to proceed to enforce the attachment order till disposal of Exts.P3 and P3(a). 3. In view of the submissions so made and photostat copies of insurance policy and driving licence produced, I am of the view that the petitioner has got a genuine case and W. P. C. No.37339 of 2008 -3- that the order of attachment passed by the Tribunal is not liable to be effected. The Tribunal is directed to pass appropriate orders forthwith on Exts.P3 and P3(a) applications and to grant consequential relief if any the petitioner is entitled to. The petitioner is directed to produce a copy of this judgment before the Motor Accident Claims Tribunal, Muvattupuzha forthwith. Attachment shall not be effected for a period of five days from today. 4. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN, JUDGE kns/-