IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 12193 of 2005(B) ------------------------------------- PETITIONER: ------------------ MOHANAN, T.G., S/O. GOPALAN, THOMBARAKUDIYIL HOUSE, VENGOOR P.O., PERUMBAVOOR. BY ADV. SRI.LEGY ABRAHAM RESPONDENTS: ------------- 1. T.P. JOHNY, S/O. PAILY, THANDASSERIYIL HOUSE, VAYANASALAPADY, MUTHAMKUZHY, KOTHAMANGALAM. 2. VIJAYAN, S/O. KUMARAN, PUTHENPURAKKAL HOUSE, PLAMUDY P.O., KOTTAPPADY, KOTHAMANGALAM. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, P.B.NO.50, ELANJIKAL PLAZA, KOTHAMANGALAM, REPRESENTED BY ITS MANAGER. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) (R3) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 12193/2005 B APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE INTERLOCUTORY APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL. EXT.P2. COPY OF THE INTERLOCUTORY APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE MACT. EXT.P3. COPY OF THE ORDER IN IA NO. 4362/03 IN OP NO. 517/99 DT. 19/1/2005 OF THE MACT. EXT.P4. COPY OF THE ORDER IN IA NO. 634/2003 IN OP NO. 517/99 DT. 11/08/04 OF THE COURT OF THE MACT. RESPONDENT'S EXHIBITS NIL. True copy tga M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 12193 OF 2005 = = = = = = = = = = = = = = = Dated this the 28th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Motor Accidents Claims Tribunal, Muvattupuzha in I.A.4362/03 in O.P.517/99. The said application is filed by the 2nd respondent to set aside the exparte award on the ground that he has not been served with any notice and he was not residing in the property mentioned in the O.P. The Court below held that he has not substantiated it and therefore declined to grant him the relief. It is against that order he has preferred this writ petition. He has also challenged the order of the Motor Accidents Claims Tribunal whereby the insurance company was permitted to realise an amount of Rs.5,968/- from the respondents by way of revenue recovery proceedings. The learned counsel for the writ petitioner would submit if an opportunity is given he will be able to establish that he has not been served with notice. W.P.C 12193 OF 2005 -:2:- I am inclined to grant him an opportunity provided he deposits an amount of Rs.5,968/- before the Motor Accidents Claims Tribunal inclusive of the amount that is already deposited. Therefore the writ petition is disposed of and the order under challenge is set aside on condition that the writ petitioner deposits a sum of Rs.5,968/- within a period of one month inclusive of the amount already deposited. On deposit, the Court shall restore the interim application and give an opportunity for him to adduce evidence to substantiate that he has not been served with notice in the case. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-