IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 12886 of 2009(E) -------------------------- OPMV.671/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALA .................... PETITIONER: --------------- MAHAMOOD, SON OF LATE SRI AHMMED RAWTHER, AGED 34 YEARS, RESIDING AT KALACHIRA, CHARIVUPURAYIDAM, ALIYARACKAL, KONNI.P.O.,PATHANAMTHITTA. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.N.K.SUBRAMANIAN SRI.K.V.ANIL KUMAR RESPONDENTS: --------------- 1. NATIONAL INSURANCE CO.LTD., HAVING ITS OFFICE AT PALA, KOTTAYAM DIST., REPRESENTED BY ITS ADMINISTRATIVE OFFICER. 2. SIRAJ, SON OF SRI SHAMSUDIN, AGED 28 YEARS, KOCHUPARAMBIL HOUSE, PAIPPADU VILLAGE, PAIPPADU KARA, CHANGANACHERRY. 3. THE TAHSILDAR(R.R.) PATHANMTHITTA, PATHANAMTHITTA DIST. BY SRI.JACOB MATHEW FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.12886 of 2009 ------------------------------ Dated this the 30th day of April, 2009. J U D G M E N T Heard Sri.N.K.Subramanian, the learned counsel appearing for the petitioner. In this writ petition the petitioner challenges Ext.P3 order passed by the Motor Accidents Claims Tribunal, Pala directing R.R. Certificate to be issued in favour of the National Insurance Company Ltd. The pleadings disclose that the petitioner was a party to Ext.P1 award passed by the Motor Accidents Claims Tribunal, Pala. As per the said award, the insurer was directed to pay the compensation and to recover it from the petitioner. Though the petitioner was served with notice he did not contest the application for compensation and was therefore set ex-parte. The insurer paid the compensation and thereafter moved the Tribunal for a certificate to enable them to recover the compensation paid by them from the owner of the vehicle. In my opinion, the petitioner who was set ex-parte had no right to be heard before Ext.P3 order was passed. The challenge to Ext.P3 is in my opinion without any merit. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge