IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31175 of 2008(J) ----------------------------------- OPMV.654/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PALAKKAD .................... PETITIONER : --------------- CHARLS.P.CHANDY,S/O.LATE CHANDY, CHARLS BHAVAN, KOHINNUR DESOM, THENJIPPALAM AMSOM, THIRURANGADY TALUK, MALAPPURAM. BY ADV. SRI.LIJU. M.P RESPONDENTS : ------------------- 1. KUTTAPPAN, S/O.VELAN, KAZHAKUTHU HOUSE, ATHIPPOTTA.P.O, ALATHUR TALUK, PALAKKAD. 2. ARUMUGHAN, S/O.KANNAN, CHELAKKORAMADU.PO PATHARAPPALLIKKAN VIA, THENJIPPALAM AMSOM, MALAPPURAM. 3. THE NEW INDIA ASSURANCE CO.LTD, I.B.ROAD BRANCH, ROVER PLAZA, KOZHIKODE. 4. THE DEPUTY TAHSILDAR, (REVENUE RECOVERY) THIRURANGADI, MALAPPURAM. 5. DISTRICT COLLECTOR, MALAPPURAM DISTRICT COLLECTORATE, MALAPPURAM. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).31175/2008 -------------------- Dated this the 23rd day of October, 2008 JUDGMENT Petitioner was the first respondent in OP(MV). No.654/2001 on the files of the MACT, Palakkad. In spite of receipt of summons, petitioner did not appear and the explanation offered by him is that since the vehicle was insured, the petitioner had approached the Insurance Company who assured that they would enter appearance and defend the proceedings as such. The Award was ultimately passed by the Tribunal as Ext.P5 on 16.12.2006. The operative portion of the same reads as follows:- The 3rd respondent, being the insurer is directed to deposit the award amount within one month from the date of this award. The 3rd respondent is permitted to recover the amount so deposited from the 1st respondent. W.P.(C).31175/2008 2 2. Petitioner came to know of the Award only when recovery proceedings were initiated at the instance of the Insurance Company. Exts.P1 and P2 applications have been filed by the petitioner before the MACT for the delay in setting aside the ex parte order. Said applications are pending as I.A.4554/2008 and 4555/2008. I take note of the fact that the Insurance Company has been made liable under the Award. I also take note of the submission of the learned counsel for the petitioner that the Insurance Company has deposited the amount. 3. In these circumstances, writ petition is disposed of directing the MACT, Palakkad, to consider and pass orders on I.A.Nos.4554/2008 and 4555/2008 in OP(MV). 654/2001, within a period of six months from the date of receipt of a copy of this judgment. Further proceedings pursuant to Ext.P4 shall be kept in abeyance till orders are passed on the aforementioned applications. W.P.(C).31175/2008 3 It is made clear that there shall be no variation of the award in so far as the claim is concerned, pursuant to this judgment and the direction is intended only for the disposal of the applications filed by the petitioner for setting aside the ex parte order. V.GIRI, Judge mrcs