IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29121 of 2005(P)
1. RAJU THOMAS, AGED 54 YEARS,
... Petitioner
Vs
1. THE ORIENTAL INSURANCE CO. LTD.,
... Respondent
2. SANTHOSH KUMAR, S/O.JOHN,
For Petitioner :SRI.M.J.THOMAS
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :23/08/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 29121 OF 2005
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Dated this the 23rd day of August, 2007
JUDGMENT
The 1st respondent in OP(MV) Nos.21 of 1996, 22 of 1996 and
2565 of 1995 on the files of the Motor Accidents Claims Tribunal, Palai
is the petitioner in this Writ Petition under Article 227. The 1st
respondent herein is the Insurance Company and the 2nd respondent is
the claimant. Before the MACT the petitioner was arrayed as the 1st
respondent on the allegation that he is the owner of the offending
autorikshow, having registration No. KL-5/A-7614. Ext.P1 common
judgment was passed by the Tribunal in the Original Petitions wherein
the petitioner as well as the driver of the vehicle remained ex-parte.
Under Ext.P1, the 1st respondent Insurance Company was directed to
deposit the compensation amount and no liability is cast on either the
petitioner or the driver of the vehicle to pay compensation to the
claimants. The petitioner submits that subsequent to Ext.P1, on behalf
of the Insurance Company, an application under Order 47 was filed
before the MACT seeking review of Ext.P1. It was contended in the
review application that the driver (the 2nd respondent herein) was not
holding a valid badge at the time of the accident and on that reason
sought permission for recovering the amount from the petitioner. The
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Tribunal passed Ext.P3 order allowing the review application. It is urged
that Ext.P3 order was passed by the Tribunal without notice to the
petitioner and without hearing the petitioner and hence violative of the
principles of natural justice. Ext.P3 order was passed in OP(MV) No.21
of 1996. Similar orders were passed in OP Nos.2596 of 1995 and 22 of
1996 also. On the strength of Ext.P3 and similar orders, Exts.P4 to P6
execution petitions were filed by the Insurance Company.
2. The grievance of the petitioner is that, in spite of his objections,
the Tribunal ordered issuance of recovery certificate for realisation of
the amount claimed in Exts.P4 to P6 from the petitioner. Hence the Writ
Petition with the following prayers:
i. Call for the records relating to Ext.P3 and similar orders
passed in OP(MV) Nos.22/96 and 2565/95 of the Motor Accident
Claims Tribunal, Palai and set aside the same;
ii. Stay all further revenue recovery steps ordered by the
Motor Accident Claims Tribunal, Palai in pursuance to Exts.P4 to
P6 execution petitions in OP(MV) Nos.21/96, 22/96 and 2565/95
of the Motor Accident Claims Tribunal, Palai.
3. I have heard the submissions of Mr.M.J.Thomas, learned
counsel for the petitioner. It is seen that no counter affidavit has been
filed by the 1st respondent Insurance Company. The allegation of the
petitioner is that it was without notice to him that Ext.P3 and similar
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orders were passed by the Tribunal stands established. I am of the view
that on that ground Ext.P3 and similar orders passed in OP Nos.22/96
and 2596/95 by the MACT, Palai are liable to be set aside. I set aside
Ext.P3 as well as similar orders passed in the review applications in OP
(MV) Nos.22/96 and 2596/95 by the MACT, Palai and direct the MACT,
Palai to take fresh decision on the three review petitions with notice to
the petitioner, the Insurance Company and all others concerned. The
petitioner is permitted to urge all available grounds including the ground
that lack of power for the MACT to review its own judgment by placing
reliance on the judgment in Cherushpam Hospital Trust v. Palai
Municipality [2005(2) KLT 234] and any other authorities, if any. Fresh
decision as directed above will be taken by the MACT at the earliest and
at any rate within two months of receiving copy of this judgment.
PIUS C. KURIAKOSE, JUDGE
btt
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