IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 MACA.No. 1405 of 2010() ----------------------- IA.NOS.7884/09, 7885/09 & 7886/09 IN OPMV.236/2003 of ADDL.MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): 2ND RESPONDENT/PETITIONER IN THE IA'S: ------------------------------------------------------------------------------------------ MANAGING PARTNER M/S. PAZHUMADATHIL PAINTS, BINANIPURAM.P.O., EDAYAR,KOCHI-683 502. BY ADV. SRI.K.S.AJAYAGHOSH RESPONDENT(S): PETITIONER & RESPONDENTS/RESPONDENTS: -------------------------------------------------------------------------------------------------- 1. FAISAL.M.K., S/O. KHALID, AGED 19 YEARS, RESIDING AT KUNAM VEEDU, HOSPITAL ROAD, PALLURUTHY VILLAGE, KOCHI TALUK, KOCHI-6. 2. MOHAMMADAI, S/O. MARAKKAR, PADINJARE VELAMKOTTIL VEETTIL, NEAR LITTLE FLOWER GENERATOR, THRIKKAKARA DESOM, VAZHAKKALA VILLAGE, KOCHI - 36. 3. THE NEW INDIA ASSURANCE CO. LTD., (KALAMASSERY BRANCH, PAULSON BUILDINGS, KALAMASSERY), M.G.ROAD, ERNAKULAM, KOCHI -11. 4. SHAMNAS, S/O. KHALID SAFIA, HOUSE NO.20/736(17/1172),THALAPPIPARAMBU, PALLURUTHY.P.O., KOCHI-6. 5. THE UITED INDIA INSURANCE CO. LTD., M.G.ROAD, ERNAKULAM, KOCHI - 11. (BRANCH KOCHI, PALACE ROAD) R3 BY ADV. SRI.LAL GEORGE R5 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE, BY ADV. SRI.P.JACOB MATHEW. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1405 OF 2010 ............................................. Dated this the 5th day of January, 2011. J U D G M E N T This appeal is preferred against the common order passed in I.A.Nos.7884, 7885 and 7886 of 2009 in OP(MV) No.236/2003 of the Additional Motor Accident Claims Tribunal, Ernakulam. The appellant is impleaded as the owner of the vehicle involved in the accident. He did not appear before the trial court and an award was passed against him. The present applications were filed to condone the delay, to set aside the ex parte award and to grant stay in the matter. The trial court did not entertain these applications and therefore dismissed the same. 2. After going through the order, I find that the principal contention raised by the appellant herein is to the effect that he has come to know about the order rather the award only on receipt of a notice regarding execution of the award. If it is proved that he has not been served with proper notice as contemplated by law, then one has to hold that he is entitled to get a chance for putting forward his : 2 : M.A.C.A.NO.1405 OF 2010 case. Rule 395 of the Kerala Motor Vehicles Rules makes it clear that all the provisions of Order 9 CPC are applicable to the Motor Accident Claims Tribunal as well. Therefore if there are sufficient grounds which prevented the applicant/appellant from appearing before the court, then power under Order 9 Rule 13 can be invoked to set aside the award. Though applications were filed but no evidence was adduced. 3. The learned counsel for the appellant, on instructions from his client, very strongly submits that he had not received any notice in the claim application and therefore prays that if an opportunity is given, he will be able to convince the conscience of the court regarding the same. Even otherwise it has also to be stated that the broad principles of natural justice always demand the court give opportunity to the parties unless there is gross negligence or grave misconduct [Sreedhara Kurup v. Mickel (1968 KLT 599)]. So I am inclined to grant an opportunity to the appellant to adduce evidence and thereafter direct the Tribunal to dispose of the above applications. : 3 : M.A.C.A.NO.1405 OF 2010 4. In the result, the MACA is allowed and orders under challenge are set aside and the matter is remitted back to the Tribunal with a direction to give an opportunity to the appellant as well as the respondents to adduce evidence in support of their respective contentions in the light of the principles enunciated in the order and thereafter dispose of the petitions in accordance with law. Parties are directed to appear before the Tribunal on 16.2.2011. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : M.A.C.A.NO.1405 OF 2010 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 5th January, 2011. J U D G M E N T/O R D E R