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Judges : S.SIRI JAGAN
Prabhavathi - Appellant
Versus
National Insurance Co.Ltd. - Respondent
Case No : W.P.(C) No.14372 of 2007
Decided On : 05/30/2007
Advocates Appeared :
For the Petitioners : V. Chitambaresh, T.C. Suresh Merton, Advocates. For the Respondent: Lal George, Advocate.
Motor Vehicles Act,1988 - Section.174 -Accidents Claims -Compensation -Petitioners grievance in this Writ Petition is that the Motor Accidents Claims Tribunal, Palakkad is not accepting the execution petition in OP(MV) 1116/1991 for want of no objection certificate from the counsel formerly appearing in the OP(MV) no law which requires either the very same advocate who appeared in the original proceedings to file execution petition also or requiring no objection certificate of the original counsel for the purpose of filing execution petition -Held, There will be a direction to the MACT, Palakkad to receive the execution petition in OP(MV) No. 1116/91 filed by the petitioner without insisting on a no objection certificate from the former counsel -Petition is disposed.
S. Siri Jagan, J.
Petitioners grievance in this Writ Petition is that the Motor Accidents Claims Tribunal, Palakkad is not accepting the execution petition in OP(MV) 1116/1991 for want of no objection certificate from the counsel formerly appearing in the OP(MV). There is no law which requires either the very same advocate who appeared in the original proceeding’s to file execution petition also or requiring no objection certificate of the original counsel for the purpose of filing execution petition. That being so, the Motor Accidents Claims Tribunal ought to have accepted the execution petition on file without insisting on a no objection certificate from the former counsel. Accordingly, there will he a direction to the MAC I, Palakkad to receive the execution petition in OP(MV) No. 1116/91 filed by the petitioner without insisting on a no objection certificate from the former counsel.
The Writ Petition is disposed of as above.
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