IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 OP (MACT).No. 867 of 2011(O) ---------------------------- OPMV.11/2000 DATED 26.6.2006of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONERS/RESPONDENTS 1&2 ------------------------------------------------ 1. SALIM, S/O.KOCHUNNI, PUTHUVANDATHU (H), PALLIPRAM KARA, KATHIPARAMBU BHAGOM, MARAMPILLY VILLAGE, ERNAKULAM DIST. 2. SIVASANKARAN, ATTUPURATHU (H), IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DIST. BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S)/ PETITIONER& RESPONDENTS 3 TO 5 ------------------------------------------------------------------------------ 1. SASIDHARAN, AGED 30 YEARS, S/O.SUNDARAM, EDAMANAPARAMBIL HOUSE, NEAR EZHIPRAM SCHOOL, EZHIPRAM KARA, MARAMPILLY VILLAGE,PIN-683107. 2. THE NATIONAL INSURANCE CO.LTD., MULLAPPILLY BUILDING, A.M.ROAD, PERUMBAVOOR, PIN - 683542. 3. SIDDIQUE P.M.,S/O.MUSTHAFA, PADINJARAKUDY (H), VALAYANCHIRANGARA, PIN - 683556. 4. K.T.ALIYAS, KALLIDAKUZHIYIL HOUSE, VENGOLA P.O.,PIN - 683554. 5. THE NATIONAL INSURANCE CO.LTD., MULLAPPILLY BUILDING, A.M.ROAD, PERUMBAVOOR, PIN - 683542. THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- O.P.(MACT) No. 867 OF 2011 -------------------------- Dated this the 3rd day of March, 2011 J U D G M E N T The petitioners are the driver and owner respectively of an Autorickshaw bearing registration No.KEH-1703 that collided with the motor bike driven by the third respondent owned by the fourth respondent and insured with the fifth respondent. The first respondent herein, the pillion rider of the motor bike, sustained injuries in the said accident. He thereupon filed OP(MV) No.11 of 2000 in the Motor Accidents Claims Tribunal, Perumbavoor. The petitioners herein received notice but they did not appear and contest and were therefore set ex-parte. It appears, the other respondents including the insurers of the vehicles were also set ex- parte. By Ext.P1 award passed on 26.6.2006, the Motor Accidents Claims Tribunal held that the accident occurred as a result of the negligence of the first petitioner, that the Autorickshaw was not covered by a valid policy of insurance and therefore the petitioners herein who are driver and owner respectively of the Autorickshaw are liable to pay the compensation which was fixed as Rs.8,670/- with interest and costs. Ext.P1 award has attained finality. 2. The present writ petition is filed contending that the OP (MAC) No.867/2011 2 Autorickshaw driven by the first petitioner and owned by the second petitioner was covered by a valid policy during the relevant time and therefore Ext.P1 award is liable to be set aside. The petitioners have no case that they did not receive notice in OP(MV) No. 11 of 2000. Their only case is that their vehicle was covered by a valid policy and insurance. Ext.P1 award has admittedly attained finality. They have also not taken steps to set aside the order setting them ex-parte. In such circumstances, I am of the opinion that the reliefs prayed for by the petitioners cannot be granted. The petitioners who did not respond to the summons issued from the Motor Accidents Claims Tribunal, Perumbavoor and allowed the case to be decided against them and failed to produce relevant documents, cannot be heard to contend nearly 5 years after the award was passed and 11 years after the accident, that the award which was passed after notice to them should be set aside. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps OP (MAC) No.867/2011 3 OP (MAC) No.867/2011 4