IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11825 of 2005(G)
1. SHAJI T.G., S/O. GANGADHARAN,
... Petitioner
Vs
1. V.G. RAMAKRISHNAN, S/O. GOVINDAN,
... Respondent
2. UNITED INDIA INSURANCE COMPANY LTD.,
For Petitioner :SRI.M.K.DILEEP KUMAR
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :04/07/2008
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No. 11825 OF 2005
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Dated this the 4th day of July, 2008.
J U D G M E N T
The grievance is on Exhibit P7 order passed by the Motor
Accidents Claims Tribunal, Thrissur whereby the said Tribunal
dismissed the petitions for setting aside the ex parte award.
Apparently, the reason for rejection was that the petitioner had
not produced the driving licence. But what was under
consideration was only a petition to set aside the ex parte award.
2. Be that as it may, having regard to the facts and
circumstances as stated in the applications for setting aside the
ex parte award, I find that it is only in the interests of justice
that the petitioner is given an opportunity to pursue the matter
on merits.
Accordingly, Exhibit P7 is set aside. I.A.No.1368/2003,
Exhibit P3, for condonation of delay will stand allowed.
I.A.No.1367/2003, Exhibit P2, for setting aside the ex parte
award is also allowed.
W.P.(C) No. 11825/05 2
There will be a direction to the Motor Accidents Claims
Tribunal, Thrissur to dispose of the claim petition within a period
of six months from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
smp
W.P.(C) No. 11825/05 3
KURIAN JOSEPH, J.
W.P.(C) No. 11825 OF 2005
J U D G M E N T
04.07.2008