IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 13042 of 2008(C) ------------------------------------- AGAINST THE ORDER DATED 30/07/2007 IN IA 1815/2007 IN OPMV.469/2007 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA .................... PETITIONER: ------------------ ABDUL KHADER KUNJU, S/O.MUHAMMED KANNU, SAFIYA MANZIL, ELAVAKKODU, CHADAYAMANGALAM P.O., KOLLAM DISTRICT. BY ADV. SRI. SIJU KAMALASANAN SRI.PRATHEESH.P RESPONDENTS: ---------------------- 1. MANI, W/O.LATE GEORGE, CHARIVUVILA KIZHAKKATHIL, NEDMONKAVU P.O., KOODAL, PATHANAMTHITTA DISTRICT. 2. BINU, S/O.LATE GEORGE, CHARIVUVILA KIZHAKKATHIL, NEDMONKAVU P.O., KOODAL, PATHANAMTHITTA DISTRICT. 3. MINI, D/O.LATE GEORGE, CHARIVUVILA KIZHAKKATHIL, NEDMONKAVU P.O., KOODAL, PATHANAMTHITTA DISTRICT. 4. VALSALA, W/O.MURALI, THUNDUVILAKATHU VEEDU, EDAMON SATHRAM MURI, EDAMON, KOLLAM DISTRICT. 5. SATHEESAN, S/O.DIVAKARAN, THUNDUVILAKATHU VEEDU, EDAMON SATHRAM MURI, EDAMON, KOLLAM DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE - R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).13042/2008-C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CLAIM PETITION FILED BEFORE THE MACT, PATHANAMTHITTA AS O.P.(MV).NO.469/2007. EXT.P2: COPY OF AFFIDAVIT AND PETITION FILED AS I.A. 1815/2007 BEFORE THE MACT, PATHANAMTHITTA. EXT.P3: COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER IN O.P.(MV) NO.469/2007. EXT.P4: COPY OF THE REGISTRATION PARTICULARS ISSUED FROM THE OFFICE OF THE ADDITIONAL REGISTERING AUTHORITY, KOTTARAKKARA DATED 23/11/2006. EXT.P5: COPY OF REGISTRATION PARTICULARS ISSUED BY THE JOINT R.T.O. PUNALUR DATED 07/12/2007. EXT.P6: THE RELEVENT PAGES IN THE R.C. BOOK REGARDING THE TRANSFER OF OWNERSHIP OF THE VEHICLE BEARING NO.KL-7/N-5706. EXT.P7: COPY OF ORDER PASSED BY THE MACT, PATHANAMTHITTA IN I.A. NO.1815/2007 IN O.P.(MV).NO.469/2007. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 13042 of 2008 -------------------------------------------------------- Dated: JULY 30, 2008 JUDGMENT The challenge in this writ petition is against Ext.P7. By Ext.P7, an interim award under sec.140 of the Motor Vehicles Act was passed against the petitioner and the 2nd respondent, who have been arrayed in the proceedings before the Tribunal as the registered owner and the then present owner. 2. Learned counsel for the petitioner submits that since the order was passed before they could enter appearance before the Tribunal, they could not place the correct facts for the consideration of the Tribunal. According to him, the accident occurred on 8.3.2004 and he had ownership over the vehicle in question only during the period from 8.12.2000 to 3.2.2003. Learned counsel for the petitioner makes reference to Ext.P6, the certificate of registration of the vehicle involved in the accident, and WP(C) 13042 of 2008 2 seeks to draw support to his contention that at the time of the accident he was not the registered owner, from the entries made therein. Prima facie it would appear that there is substance in what is contended and, in any case, it is a matter for the Tribunal to appreciate and decide. Since Ext.P7 order was passed before the petitioner could enter appearance and place the facts for the consideration of the Tribunal, I think an opportunity should be granted to the petitioner to contest the claim. 3. Accordingly, Ext.P7 interim award passed by the Tribunal under sec.140 of the Motor Vehicles Act, is quashed in so far as it is against the petitioner. The Tribunal shall reconsider the matter and after hearing all parties and considering the records, pass fresh award. This shall be done as expeditiously as possible, and at any rate, within six weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE mt/-