IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 OP (MACT).No. 4092 of 2011(O) ----------------------------- OPMV.91/2010 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, TIRUR .................... PETITIONER/2ND AND 3RD RESPONDENTS: ----------------------------------------------------------------- 1. ALAVI,S/O.HASSAN, AGED 34 YEARS, ATHANIKUNNATH HOUSE, VILAYOOR P.O., PATTAMBI VIA, PALAKKAD DISTRICT (OWNER). 2. NOUSHAD P., S/O.KUNHIMOHAMMED, PADINHAKKARA HOUSE, VILAYOOR P.O., KARINGAD,PALAKKAD DISTRICT (DRIVER). BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S): 3RD RESPONDENT: ------------------------------------------------------------- 1. THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, C.K.H.BUILDING, THAZEPALAM, TIRUR - 676 101.(INSURER). 2. THE VILLAGE OFFICER, VILAYOOR, PALAKKAD DISTRICT - 679 309. R1 BY ADV. SRI. GEORGE CHERIAN (THIRUVALLA) R2 BY GOVERNMENT PLEADER SRI. G.GOPAKUMAR THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(MACT) NO.4092/2011 O APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. TRUE COPY OF THE AWARD DATED 29/11/2010 IN OP (MV) NO.91/2010 ON THE FILES OF MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. EXHIBIT P2. TRUE COPY OF THE DERIVING LICENSE OF THE SECOND PETITIONER. EXHIBIT P3. TRUE COPY OF THE EXECUTION PETITION NO.6 /2011 IN OP(MV) NO.91/2010. EXHIBIT P4. TRUE COPY OF THE DEMAND NOTICES ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5. TRUE COPY OF THE IA NO.4655/2011 IN OPMV NO.91/2010. EXHIBIT P6. TRUE COPY OF THE IA NO.4656/2011 IN OPMV NO.91/2010. EXHIBIT P7. TRUE COPY OF THE IA NO.4657/2011 IN OPMV NO.91/2010. EXHIBIT P8. TRUE COPY OF THE PETITIONER DATED 6/12/2011 FILED BY THE 2ND PETITIONER. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ---------------------------------------------- OP(MACT) No. 4092 of 2011 ----------------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT The petitioners are respondents 1 and 2 in OP(MV) No.91 of 2010 on the file of the Motor Accidents Claims Tribunal, Tirur. The said claim petition was filed by a person who was travelling as a passenger in the autorikshaw belonging to the first petitioner and driven by the second petitioner, seeking a sum of Rs.2,00,000/- as compensation. It was alleged that as a result of the negligent driving of the second petitioner, the autorikshaw capsized and the claimant sustained injuries in the accident. Though the petitioners were served, the first petitioner the owner of the vehicle, did not enter appearance and he was set ex-parte. Though the second petitioner had entered appearance, he did not file a written statement. The first respondent herein, the insurer of the vehicle who was the third respondent in the claim petition filed a written statement admitting the insurance coverage. However, later the insurer filed an application calling upon the petitioners to produce the driving license and badge issued to the second petitioner. There was no response from O.P.(MACT) No. 4092 of 2011 -2- them and therefore, the Motor Accidents Claims Tribunal drew an adverse inference against them and held that the petitioners herein (respondents nos. 1 and 2 in the claim petition) have violated the policy conditions. The Tribunal accordingly held that the insurer will be entitled to recover the compensation paid by it from the petitioners. 2. The insurer paid the amount of compensation awarded by the Tribunal to the claimant and thereafter filed E.P.No.6 of 2011 in the Motor Accidents Claims Tribunal for the issuance of the certificate under section 174 of the Motor Vehicles Act to enable it to recover the amount paid by it as compensation from the petitioners. That application was allowed, a certificate was issued and pursuant thereto, revenue recovery proceedings were initiated against the petitioners. Thereupon, they filed Exts.P5, P6 and P7 applications before the Motor Accidents Claims Tribunal. The relief sought in Ext.P6 application (I.A.No.4656 of 2011) is to condone the delay of 343 days in filing Ext.P7 application (I.A.No.4657 of 2011) wherein the petitioners have prayed for setting aside the ex-parte award passed against them. The relief sought in Ext.P5 application is to stay the recovery pursuant to the certificate issued in favour of the O.P.(MACT) No. 4092 of 2011 -3- insurer in E.P No.6 of 2011. This original petition is filed for an order directing the Motor Accidents Claims Tribunal to dispose of the said application expeditiously and to keep in abeyance the revenue recovery proceedings initiated by the first respondent until such time as orders are passed on the said applications. 3. I heard Sri.U.K.Devidas, learned counsel appearing for the petitioner, Sri.George Cherian, learned standing counsel appearing for the first respondent and Sri.G.Gopakumar, learned Government Pleader appearing for the second respondent. I have also gone through the pleadings and the materials on record. It is evident from a reading of Ext.P1 award that the vehicle owned by the first petitioner and driven by the second petitioner was validly insured with the first respondent insurer. However, the insurer was exonerated of liability on the short ground that petitioners did not produce the driving license and badge issued to the second petitioner. The petitioners have in positive terms stated in Ext.P7 application that the second petitioner processed a valid driving license and badge. The details thereof are also furnished. Such being the situation, I am of the opinion that further proceedings pursuant to Ext.P4 recovery notice issued under the Kerala Revenue Recovery Act, O.P.(MACT) No. 4092 of 2011 -4- 1968 should be kept in abeyance until such time as the Motor Accidents Claims Tribunal, Tirur disposes of Ext.P6 and P7 applications. I accordingly dispose of the original petition with a direction to the Motor Accidents Claims Tribunal, Tirur to dispose of Exts.P6 and P7 applications (I.A.Nos. 4656 of 2011 and 4657 of 2011 in OP(MV) No. 91 of 2010) with notice to the parties therein expeditiously and in any event within three months from the date on which either the petitioners or the first respondent herein produce a certified copy of this judgment. Until such time, further proceedings pursuant to Ext.P4 series of demand notices issued under the Kerala Revenue Recovery Act, 1968 shall be kept in abeyance. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.