IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 9123 of 2010(M) -------------------------------------- (O.P(MV).NO.437/2004 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA) .................... PETITIONER: ------------------- MARTIN PAUL, S/O.PAULOSE, ALUCKAL HOUSE, CHENGAL, KALADY P.O., ERNAKULAM. BY ADV. SRI.DINESH MATHEW J.MURICKEN. RESPONDENTS: ------------------------ 1. SUBRAMANIYAN, S/O.SANKARAN, CHALILPUTHENPURA HOUSE, KADATHI KARA, MUVATTUPUZHA, PIN - 686 661. 2. ALIYAR, THECKKELAKUDI HOUSE, KAITHAKAD, PATTIMATTOM, PIN - 683 562. 3. SUNIL KUMAR, PUTHENKOTTAYIL HOUSE, PATTIMATTOM, PIN - 683 562. 4. NATIONAL INSURANCE CO.LTD., ALUVA BRANCH, PIN - 683 101. 5. THE DEPUTY TAHSILDAR, REVENUE RECOVERY, ALUVA PIN - 683 101. 6. THE VILLAGE OFFICER, VADAKKUMBHAGAM, ALUVA, PIN - 683 101. R2 BY ADVS. SRI.P.K.BEHANAN, SRI.ARUN PAUL JACOB. R4 BY ADV. SRI. E.M. JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9123/2010-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE AGREEMENT DTD. 23/12/2003. EXT.P.2: COPY OF THE REGISTRATION DETAILS ISSUED BY THE MOTOR VEHICLES DEPARTMENT, KERALA PERTAINING TO THE VEHICLE BEARING NO. KL-7/H – 1769. EXT.P.3: COPY OF THE AWARD PASSED BY THE MACT, MUVATTUPUZHA IN O.P. (MV). NO.437/04 DTD. 15/09/2007. EXT.P.4: COPY OF THE RECOVERY NOTICE ISSUED BY THE R.5. DTD. 05/01/2010. EXT.P.5: COPY OF THE I.A. NO. 516/10 IN O.P(M.V) NO.437/04 FILED BY THE PETITIONER BEFORE THE MACT, MUVATTUPUZHA DTD. 11/03/2010. EXT.P.5.A: COPY OF THE I.A. NO. 515/10 IN O.P.(MV).NO.437/04 FILED BY THE PETITIONER BEFORE THE MACT, MUVATTUPUZHA, DTD. 11/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.9123 OF 2010 -------------------------------------------- Dated this the 29th day of September, 2010 JUDGMENT The petitioner is the first respondent in O.P.(MV).No.437 of 2004 on the files of Motor Accident Claims Tribunal, Muvattupuzha. The said claim petition has originated from a motor accident that occurred on 26.2.2004. The petitioner herein was set ex parte and thereafter, Ext.P3 award was passed on the aforesaid claim petition. As per the said award, the Insurance Company was given liberty to recover the amount after satisfying the award, from the petitioner herein. In terms of the award, the Insurance Company deposited the award amount and thereafter, applied before the Tribunal, for issuance of certificate for the purpose of effecting recovery in terms of Ext.P3 award and in pursuance thereof, Ext.P4 recovery notice was issued to the petitioner. On receipt of said notice, the petitioner approached the Tribunal and filed Exts.P5 and P5(a) carrying respectively the prayers to condone the delay and also to set aside the award. According to the petitioner, the said applications are still pending. In the meanwhile, coercive steps have been taken to recover the amount in terms of Ext.P3 award. W.P.(C) NO.9123/2010 2 2. I have heard the learned counsel on both the sides. 3. In the said circumstances, without making any observations as to the merits of the contentions raised in this Writ Petition, this Writ Petition is disposed of with a direction to the M.A.C.T, Muvattupuzha to consider and pass orders on Exts.P5 and P5 (a) applications submitted by the petitioner, on merits, expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Admittedly, Exts.P5 and P5(a) applications are pending before the Tribunal and it is during the pendency of the said applications that the 5th and 6th respondents are proceeding with Ext.P4. It is only proper, in the interest of justice, to keep in abeyance all further proceedings pursuant to Ext.P4 till the disposal of Exts.P5 and P5(a) applications. It is ordered accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9123/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.9123/2010 4