IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 2501 of 2008(W) ------------------------------------- AGAINST THE ORDER DATED 30/01/07 IN IA.401/1999 IN OPMV.723/1995 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER(S): ---------------------- A.J. KUNJIPORINCHU, KUTTIKKADAN HOUSE, KEERAMKULANGARA, THRISSUR-5. BY ADV. SRI.P.K.ASHOKAN SRI.M.R.VENUGOPAL RESPONDENT(S): ------------------------ 1. JAYAN C.K., CHERUPARAMBIL HOUSE, P.O. PULLU, VIA. ANTHIKAD. 2. A.V. SHAJAN, S/O. VELAYUDHAN, AVUNNIPARAMBIL HOUSE, P.O. MANNUTHY, THRISSUR. 3. UNITED INDIA INSURANCE CO. LTD., PRESIDENT BAZAR, KURUPPAM ROAD, THRISSUR. ADV. SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.S.MAMMU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 2501/2008-W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT IN O.P. NO.5666/2003 OF THIS HONOURABLE COURT. EXT.P2: COPY OF THE INSURANCE POLICY NO.100606/31/21/1447/94. EXT.P3: COPY OF THE ORDER DATED 30/01/2007 IN I.A.401/99 OF M.A.C.T., THRISSUR. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.2501 of 2008 ------------------------- Dated this the 29th day of October, 2008. JUDGMENT The petitioner/1st respondent in M.V.O.P.No.723/95 on the files of the Motor Accidents Claims Tribunal, Thrissur, had earlier approached this court with W.P.(C)No.5666/03, challenging the order of the Motor Accidents Claims Tribunal, refusing to set aside an ex parte order. This court disposed of the said writ petition directing the Tribunal to pass fresh orders. The Tribunal passed Ext.P3 order upholding the ex parte award, stating that reasons were given and evidence has been appreciated. Ext.P3 is under challenge in this writ petition. 2. The reasons given in Ext.P3 are unsustainable. If the award is an ex parte one, the tribunal has to consider the application to set aside the ex parte award. There is no reason to hold that it is not vulnerable to an application to set aside the ex parte order. In circumstances where the Tribunal has declined to set aside the ex parte order, in spite of a remand by Ext.P3, taking note of the fact that W.P.(C).NO.2501/08 :: 2 :: the claimant and the insurance company are before me, I am of the view that O.P.M.V.No.723/95 may be reconsidered on merits. In the result, the writ petition is allowed. Ext.P3 is set aside. The Motor Accidents Claims Tribunal, Thrissur is directed to pass fresh orders on O.P.M.V.No.723/95. It is made clear that it will be open to the claimant in O.P.M.V.No.723/95 to file an application for amendment of the claim. The parties shall appear before the Motor Accidents Claims Tribunal, on 09.12.2008. Sd/- (V.GIRI) JUDGE sk/ //true copy//