High Court Kerala High Court

Shaji T.G. vs V.G. Ramakrishnan on 4 July, 2008

Kerala High Court
Shaji T.G. vs V.G. Ramakrishnan on 4 July, 2008
       

  

  

 
 
  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.
               ---------------------------------------
                  W.P.(C) No. 11825 OF 2005
               ---------------------------------------
             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