High Court Kerala High Court

Saramma P.V. @ Lissy vs Sathyan M.B on 15 January, 2008

Kerala High Court
Saramma P.V. @ Lissy vs Sathyan M.B on 15 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33317 of 2007(N)


1. SARAMMA P.V. @ LISSY,
                      ...  Petitioner

                        Vs



1. SATHYAN M.B.,
                       ...       Respondent

2. O.V. VARKEY, S/O. VARGHESE,

3. THE BRANCH MANAGER,

                For Petitioner  :SRI.R.RAMADAS

                For Respondent  :SMT.RAJI T.BHASKAR

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :15/01/2008

 O R D E R
                           M.N.KRISHNAN, J.
                           --------------------------
                      W.P.(C). NO. 33317 OF 2007
                             ---------------------
               Dated this the 15th day of January, 2008

                               JUDGMENT

This writ petition is filed with a prayer to set aside Exts. P3

& P4. Ext.P3 is a application for substituted services. The court

below dismissed the same on the ground that the claimant did not

take steps to serve notice on 1st respondent in the correct address,

in spite of directions. Ext.P4 application is to review the order

dismissing the application, which also met with the very same fate.

2. Heard learned counsel for the petitioner as well as the

Insurance Company. The 1st respondent is the person in whose

name the policy had been issued by the company. It is submitted

that during the currency of the policy the 1st respondent has

transferred the vehicle to the 2nd respondent and therefore the 2nd

respondent has become the owner of the vehicle. He was the

person who was riding the vehicle and the claimant was only a pillion

rider. Insurance Company would contend regarding the liability of

the pillion rider, as per the present decision of the Apex court,. It is

true that the intention of the legislature is to give personal notice to

the parties, as far as possible, so that they can come and help the

WPC NO 33317/07 2

court or atleast contest the case. The claimant is totally a stranger

and he cannot be asked to move from pillar to post to collect the

address, for the reason that he may not be able to do so. The

claimant will be the last person who will be interested in protracting

the case. The claimant has shown the address of the 1st

respondent, which is available in the policy of insurance.

Unfortunately, it appears the 1st respondent could not be reached at,

in that address. Even if a direction is given to give the correct

address, it may not be possible for the claimant to know about it.

Therefore, in the larger interest and as the provisions under the

Motor Vehicles Act provides to award compensation is a beneficial

legislation, technicalities shall be side lined to certain extent but

without sacrificing the legal formalities that have to be complied with.

Therefore, considering the entire facts and circumstances

of the case, I allow the application for substituted services and direct

the court below to name the paper in which the publication is to be

done, with a date of hearing.

The writ petition is disposed of accordingly.



                                               M.N.KRISHNAN, JUDGE
vps

WPC NO 33317/07    3