Cyril Darwin Simathy vs Dinesh on 25 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 232 of 2010(D)


1. CYRIL DARWIN SIMATHY, AGED 56,
                      ...  Petitioner

                        Vs



1. DINESH, AGED 41,
                       ...       Respondent

2. CHITHIRA, AGED 11, (MINOR),

3. MIDHUN, AGED 8, (MINOR),

4. RATHNAVALLY, AGED 70, W/O.PARAMU,

5. SURAJ, S/O.SUNDARAN,

6. NATIONAL INSURANCE CO.LTD.,

                For Petitioner  :SRI.VARGHESE C.KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :25/01/2010

 O R D E R
               K.SURENDRA MOHAN, J.
            -------------------------------------------
                W.P.(C) No.232 of 2010
            -------------------------------------------
        Dated this the 25th day of January, 2010

                         JUDGMENT

The petitioner is the second respondent in O.P.

(MV) No.1272/2003 of the Motor Accidents Claims

Tribunal, North Parur. The petitioner was the

registered owner of a motor vehicle bearing

Reg.No.KL-8/A 1538 which was sold by him in the

year 1995. However, the petitioner even to this date

continues to be the registered owner of the vehicle

because change in the name of registration was not

effected by the authorities.

2. The claim petition was filed for compensation

for the death of late Mini whose legal representatives

are the claimants. The petitioner did not contest the

claim because he was under the impression that he

would have no liability since he had already sold the

vehicle. By Ext.P2, compensation has been awarded

by the Tribunal, which is sought to be recovered from

the petitioner by Ext.P4 Execution Petition.

W.P.(C)No.232/2010 2

3. The complaint of the petitioner is that though

he has submitted Exts.P5 and P6, application for

setting aside the ex-parte award and for condonation

of the delay in filing the same, the Tribunal has not

passed any orders thereon till date. At the same time,

the Tribunal is proceeding with the execution of the

award against the petitioner.

4. In view of the fact that Exts.P5 and P6

applications are pending consideration of the Motor

Accidents Claims Tribunal, North Parur, there will be

a direction to the Tribunal to consider and pass final

orders on the said applications, as expeditiously as

possible. The Tribunal shall proceed with the

execution of Ext.P2 award through Ext.P4 Execution

Petition only after final orders are passed on Exts.P5

and P6.

The Writ Petition is disposed of as above.

K.SURENDRA MOHAN,
JUDGE

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