IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 11825 of 2005(G) ---------------------------------- OPMV.2205/1992 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER: --------------- SHAJI T.G., S/O. GANGADHARAN, THADATHIL HOUSE, PERAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI. M.K. DILEEP KUMAR RESPONDENTS: ------------------- 1. V.G. RAMAKRISHNAN, S/O. GOVINDAN, VETTIKATTUVALAPPIL HOUSE, POST POTTORE, THRISSUR DISTRICT. 2. UNITED INDIA INSURANCE COMPANY LTD., KURUPPAM ROAD, THRISSUR, THRISSUR DISTRICT. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11825/2005 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE AWARD IN O.P.(M.V.)No.2205/1992 DATED 23.5.1997 OF THE MACT, THRISSUR. EXT. P2 : COPY OF THE PETITION I.A. No.1367/2003 FILED BY THE PETITIONER FOR SETTING ASIDE OF THE EX PARTE AWARD, BEFORE the MACT, THRISSUR. EXT. P3 : COPY OF THE PETITION I.A. No.1368/2003 FILED BY THE PETITIONER, FOR THE CONDONATION OF DELAY, BEFORE THE MACT, THRISSUR. EXT. P4 : COPY OF THE JUDGMENT IN O.P.No. 12666/2003 DT. 8.9.2004 OF THIS HON'BLE COURT. EXT. P5 : COPY OF THE COUNTER DT. 26.2.2005 FILED BY THE 2ND RESPONDENT AGAINST EXT. P2 BEFORE THE MACT, THRISSUR. EXT. P6 : COPY OF THE COUNTER DT. 26.2.2005 FILED BY THE 2ND RESPONDENT AGAINST EXT. P3, BEFORE THE MACT, THRISSUR. EXT. P7 : COPY OF the COMMON ORDER IN I.A. No. 1367/2003 AND I.A. No.1368/2003 IN O.P.(M.V.) No. 2205/1992 DT. 28.2.2005 BY THE MACT, THRISSUR. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 11825 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T The grievance is on Exhibit P7 order passed by the Motor Accidents Claims Tribunal, Thrissur whereby the said Tribunal dismissed the petitions for setting aside the ex parte award. Apparently, the reason for rejection was that the petitioner had not produced the driving licence. But what was under consideration was only a petition to set aside the ex parte award. 2. Be that as it may, having regard to the facts and circumstances as stated in the applications for setting aside the ex parte award, I find that it is only in the interests of justice that the petitioner is given an opportunity to pursue the matter on merits. Accordingly, Exhibit P7 is set aside. I.A.No.1368/2003, Exhibit P3, for condonation of delay will stand allowed. I.A.No.1367/2003, Exhibit P2, for setting aside the ex parte award is also allowed. W.P.(C) No. 11825/05 2 There will be a direction to the Motor Accidents Claims Tribunal, Thrissur to dispose of the claim petition within a period of six months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No. 11825/05 3 KURIAN JOSEPH, J. W.P.(C) No. 11825 OF 2005 J U D G M E N T 04.07.2008