IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 26417 of 2009(V) ----------------------------------- OPMV.460/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER(S): --------------- ARUN MATHEW INNAH, S/O.JACOB MATHEW INNAH, V/332, SHORANUR ROAD, PERINGAVU, THRISSUR DISTRICT, NOW RESIDING AT 16/1455A, VILLA ROMIAL NASRETH,KOCHI-2, REP.BY POWER OF ATTORNEY HOLDER JESINTHA MERY CHARLES, W/O.R.CHARLES,16/1455A VILLA, ROMILA NASRETH,KOCHI-2. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. MODY, S/O.RAPPAI, ELUVATHINGAL HOUSE, KURIACHIRA P.O., THRISSUR. 2. TONY @ JOSHY, S/O.DECRUZ, KARATTUPARAMBIL HOUSE, CHELAKKOTTUKARA, THRISSUR. ADV. SRI.T.C.SURESH MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009, ALONG WITH WPC NO. 26420 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ----------------------------------- W.P.(C).NO.26417 AND 26420 OF 2009 -------------------------------------------------------- Dated this the 29th day of October, 2009. J U D G M E N T In both these writ petitions the petitioner is challenging the orders of the Motor Accidents Claims Tribunal, Thrissur, whereby the Tribunal has refused to set aside the common award passed in O.P.(M.V) No.460 of 2001 and O.P.(M.V)No.698 of 2001. The petitioner is the owner of the vehicle involved in the accident which gave rise to the OPs. The petitioner submits that he has valid contentions in the O.P., but he could not appear before the Tribunal because of circumstances beyond his control, detailed in the writ petition, consequent to which he was declared exparte and the common exparte award was passed. Although he filed an application to set aside the exparte award, the same was also rejected. The petitioner therefore submits that the impugned orders may be set aside and the petitioner may be permitted to contest the O.P. on merits. 2. I heard the counsel for the respondents also. I admitted this writ petition, since the petitioner offered to deposit the award amount before the Tribunal for consideration of this writ petition. Now it is admitted that the amount covered by the award is deposited with the Tribunal. I am of W.P.(C).NO.26417 AND 26420 OF 2009 2 the opinion that taking a lenient view, the petitioner can be given another opportunity to contest the claims on merits. But that can only be on terms. 3. Accordingly these writ petitions are disposed of with the following directions: The common award in O.P.(M.V).Nos.460 of 2001 and 698 of 2001 before the Motor Accidents Claims Tribunal, Thrissur and the common order in I.A.Nos.1943 of 2008 and 1947 of 2008 are set aside. The Tribunal is directed to reconsider the claims and to pass fresh award after affording an opportunity of hearing to both sides including opportunity to adduce evidence. The Tribunal shall pass fresh award as expeditiously as possible at any rate, within four months from the date of receipt of the copy of this judgment. As a condition for the setting aside the exparte award the petitioner shall pay to the claimants in both OPs an amount of Rs.7,500/- each as costs, and produce proof of payment before the tribunal failing which the petitioner would not be entitled to the benefits of this judgment and the writ petition would stand dismissed. S. SIRI JAGAN, JUDGE. pm