IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 15247 of 2008(M) -------------------------- AGAINST THE ORDER IN OPMV 1938/2002 IN OPMV.1853/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER(S): --------------- THE ORIENTAL INSURANCE CO. LTD., ERNAKULAM, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT(S): --------------- 1. PRASAD @ PRASADKUMAR N.N., S/O. NARAYANANKUTTY, NADUVATHADATH HOUSE, POOTHOTTA DESOM, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. THOMASKUTTY, S/O. JOTHOMAS, PLACHERIL HOUSE, NEENDOOR DESOM, ONAMTHURUTH VILLAGE, KOTTAYAM TALUK. 3. TAJU LUKOSE, PLACHERIL HOUSE, NEENDOOR P.O., KOTTAYAM. 4. THE ADDL.MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM. ADV. SRI.S.NIRMAL KUMAR FOR R1 SRI.JOSE P.JOSEPH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.15247/08 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF CLAIM PETITION BY R1. P2 COPY OF CLAIM PETITION BY THE PILLION RIDER VASAVAN. P3 COPY OF F.I. STATEMENT DT 4.7.02. P4 COPY OF AWARD DT 25.4.07. // TRUE COPY // P.A. TO JUDGE ANTONY DOMINIC, J. --------------------------- W.P.(C) No.15247 of 2008 ------------------------------------ Dated this the 6th day of April, 2009 JUDGMENT The challenge in this writ petition is against Exhibit P4, award passed by the Additional MACT, Ernakulam in OP(MV) No.1853/2002, filed by the first respondent herein. The grievance of the writ petitioner,the Insurance Company, is that said award was passed without hearing them. This factual position is not disputed by the respondents. If that be so, necessarily, Exhibit P4 deserves to be set aside and I do so. It is directed that the M.A.C.T which passed Exhibit P4 shall consider the matter afresh and pass final orders in the matter. Taking into account the submission made by the counsel for the first respondent that he is employed abroad and that presently he is on leave and has to return on 15/05/2009, it is directed that the M.A.C.T shall ensure that the case is disposed of before that date. Parties shall appear before the Tribunal on 20/04/2009. ANTONY DOMINIC, JUDGE scm