IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 OP.No. 22688 of 2001(C) ----------------------- PETITIONER: ------------ K.PREMKUMAR, 23/273, SANATHANAM, KANNAMKULANGARA, TRIPUNITHURA. BY ADV. SRI.S.RADHAKRISHNAN SRI.SRAJMOHAN RESPONDENTS: ------------- 1. LEELAMONY, MINOR AGED 17 YEARS,RESIDING AT DEVASWOM PARAMBU, PURAKKADU P.O., PURAKKADU. 2. R.GOPALA VADHYAR, RESIDING AT DEVASWOM PARAMBU, PURAKKADU P.O., PURAKKADU. 3. THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA. BY ADV. SRI.K.S.MOHAMED HASHIM SRI.SANTHOSH G.PRABHU G.P.SRI. MOHAMMED ANZAR FOR R3 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CM.P.No. 36988/2001 in O.P.22688/2001 Dismissed. 16th January, 2007 Sd/-Pius Kuriakose, Judge. APPENDIX PETITIONER'S EXHIBITS:- P1: True copy of the award in O.P.(MV) 195/83 dated 23-12-1986 P2: True copy of the execution petition No.59/97 filed by the 1st and 2nd respondent before the 3rd respondent. mn. Pius C. Kuriakose, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 22688 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January,2008 JUDGMENT The 1st respondent is recorded as major. 2. The petitioner who was the 1st respondent in O.P.(MV) No.195/1983 on the file of the Motor Accidents Claims Tribunal, Alleppey is aggrieved by exparte orders passed against him by the tribunal on the original side as well as on the execution side. In fact the contention of the petitioner is that he has not been served with notice of the O.P.(MV). He concedes that in the execution petition, the claimants/respondents have shown his name and address correctly. Going by the claim petition his name and address is written as Padmakumar alias Babu, residing at Madhavi Mandiram, ThrippoonithuraP.O., Thripoonithura. His contention is that he is never known as Padmakumar. There is no comparison between the petitioner's address in Ext.P2 Execution Petition and in Ext.P1 award. The correct name of the petitioner is Premkumar. 2. Having regard to the totality and in the circumstances attending on the case, I feel that an opportunity should be afforded to O.P.22688/01 2 the petitioner for filing an application before the tribunal for getting Ext.P1 award set aside. But, I am inclined to grant that opportunity only on condition that the petitioner pays an amount of Rs.5,000/- towards compensation which may be awarded against him by the tribunal after trial. Accordingly, the Original Petition is disposed of issuing the following directions:- The petitioner will pay an amount of Rs.5,000/- to respondents 1 and 2 either directly or through their counsel who is appearing before this Court within three weeks from today. After making that payment, the petitioner will file an application before the 3rd respondent seeking to set aside the exparte award Ext.P1. If the 3rd respondent receives such an application accompanied by receipt against payment of the amount as ordered within another two weeks of the payment, the 3rd respondent will entertain the application and dispose of the same in accordance with law, at least two months thereafter. O.P.22688/01 3 3. I record the submission of the learned counsel for the petitioner that if respondents 1 and 2 are prepared to receive sum of Rs.20,500/-, the principal amount awarded in full and final settlement of their claims against the petitioner, the petitioner is willing to pay that amount. Pius C. Kuriakose, Judge. mn. O.P.22688/01 4 PIUS KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.22688 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 16-1-2008