IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 OP (MACT).No. 324 of 2010(O) -------------------------------------------- OP(MV).544/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER ------------------- KUNJAPPAN. M.V., S/O. VALLON, AGED 69 YEARS, MAVELIPARAMBIL HOUSE, MUPPADADOM, KADUNGALLUR, ERNAKULAM DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN, SRI.SHIRAS ALIYAR. RESPONDENT(S): -------------------------- 1. THE NEW INDIA ASSURANCE CO. LTD., VELLANIKKARAN BUILDINGS, MAIN ROAD, IRINJALAKUDA-688 121, TRICHUR DISTRICT. 2. JOJO, S/O. VARGHESE, ALUKKA PUTHUSSERY HOUSE, KIDANGOOR, PIN-686 572. BY THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. --------------------------------------- O.P(MAC)No.324 of 2010 ---------------------------------------- Dated 7th December, 2010 JUDGMENT The petitioner herein was the first respondent in O.P(M.V) No.544 of 2003 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. As per Ext.P1 award the petitioners therein were allowed to realise an amount of Rs.1,02,750/- with 7% interest per annum from the date of application till 30.6.2007 and at 7.5% per annum till 30.9.2008 and thereafter at 8% per annum till realisation from respondents 1 to 3 therein jointly and severally. The second respondent therein viz., the first respondent insurance company was permitted to recover the amount from respondents 1 and 2 jointly and severally. Thereupon, after satisfying the award the first respondent herein filed a petition under section 174 of the Motor Vehicles Act, 1988 for issuance of Revenue Recovery Certificate. In the said application notice was served on the petitioner. Pursuant to the receipt of the same the petitioner has filed Exts.P3 to P5 interlocutory applications before the Tribunal. Ext.P3 is the interlocutory application filed with the prayer to set aside the ex parte award and Ext.P4 is the application submitted for condoning the delay in filing the application to set aside the ex parte award. Ext.P5 is the OP(MAC).No.324/2010 2 interlocutory application submitted for staying all further proceedings in the execution petition. The said Interlocutory Applications are pending before the Tribunal. This writ petition has been filed mainly with the prayer to direct the Motor Accidents Claims Tribunal, Perumbavoor to dispose of Exts.P3 to P5 Interlocutory Applications filed in O.P.(M.V)No.544 of 2003. 2. Though notice on admission was served on respondents 1 and 2 they did not choose to appear in this proceedings. Considering the fact that Exts.P3 to P5 Interlocutory Applications are pending before the Tribunal, I am of the view that there is no necessity to consider the contentions raised in this writ petition on merits at this stage. Therefore, without making any observation as to the merits of the contentions raised in this writ petition, it is disposed of with a direction to the Motor Accidents Claims Tribunal, Perumbavoor to consider Exts.P3 to P5 Interlocutory Applications filed in O.P.(MV) No.544 of 2003 expeditiously, before taking up Ext.P6 application for disposal. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge