IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 6^TH DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 OP (MAC) NO. 21 OF 2024 IN OP(MV) NO.415 OF 2023 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, NEYYATTINKARA PETITIONER:

CHANDRAMOHAN S.

AGED 69 YEARS, S/O. SIVANANDAN, CHANDINI, P.V. NORTH, THAZHAVA P.O., THODIYOOR, KARUNAGAPPALLY, KOLLAM, PIN – 690523.

BY ADVS.

SRI. P. MOHANDAS (ERNAKULAM)

SRI. K. SUDHINKUMAR SRI. SABU PULLAN SRI. GOKUL D. SUDHAKARAN SRI. R. BHASKARA KRISHNAN SRI. BHARATH MOHAN SRI. K. P. SATHEESAN (SR.)

RESPONDENTS:

1 T. SATHYASEELAN, AGED 53 YEARS, F/O. DECEASED SAJI RAJ, JIJI BHAVAN, (VADAKKEKARA PUTHENVEEDU), EZHAMOOZHI, VEERANAKAVU P. O., THIRUVANANTHAPURAM, PIN – 695572.

2 RAJALEELA B., AGED 46 YEARS, M/O. SAJI RAJ, JIJI BHAVAN, (VADAKKEKARA PUTHENVEEDU), EZHAMOOZHI, VEERANAKAVU P. O., THIRUVANANTHAPURAM, PIN – 695572.

3 JIJIMOL S., AGED 30 YEARS, SISTER OF SAJI RAJ, JIJI BHAVAN, (VADAKKEKARA PUTHENVEEDU), EZHAMOOZHI, VEERANAKAVU P. O., THIRUVANANTHAPURAM, PIN – 695572.

4 RETHNARAJ @ RETHNAKUMAR, S/O. HARIS NADAR, RETNA BHAVAN, KANJIRAMPARA, UZHAMALAKKAL P. O., THIRUVANANTHAPURAM, PIN – 695541.

5 AJI T., S/O. THANKAYYAN, 911, 10 SUJIN BHAVAN, PLAVILA, VEERANAKAVU, POOVACHAL, THIRUVANANTHAPURAM, PIN – 695575.

6 THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., RAMAKRISHNA BUILDING, NEAR ARISTO JUNCTION, EAST THAMPANOOR, THIRUVANANTHAPURAM, PIN – 695001.

7 THE DEPUTY TAHSILDAR, KARUNAGAPPALLY TALUK, TALUK OFFICE, KARUNAGAPPALLY, KOLLAM, PIN – 690521.

BY ADV.

SRI. R. T. PRADEEP – R1 TO R3 SRI. GEORGE A. CHERIAN – SC – R6 THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 06.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

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OP (MAC) No. 21 of 2024 -------------------------

Dated this the 6^th day of August, 2024

JUDGMENT

1. The present original petition has been filed for the following prayers;

i) to issue an order or direction to the MACT, Neyyattinkara to consider and pass appropriate orders in I.A.No. 1/2023 and I.A.No. 2/2023 in O.P. (MV)No. 415/2013 filed by the petitioner in accordance with law within a time limit that may be fixed by this Hon’ble Court;

ii) to issue an order or direction to the Deputy Tahsildar, Karunagappally not to take any further action on Ext. P4 demand notice until the MACT, Neyyattinkara take a decision in I.A.No. 1/2023 and I.A.No. 2/2023 in O.P. (MV)No. 415/2013 in accordance with law;

iii) to issue such other appropriate order or direction as is deemed just and necessary in the circumstances of the case.

iv) It is humbly prayed that this Hon’ble Court may be pleased to dispense with filing of the translation of vernacular documents.

2. Petitioner had earlier approached this Court in W.P.(C) No. 27838 of 2023 impugning the revenue recovery notice issued for realisation of the awarded sum by the Motor Accident Claims Tribunal, Neyyattinkara in O.P.(MV) No. 415 of 2013 vide Judgment dated 26.09.2023. This Court dismissed the writ petition. It was left open to the petitioner to challenge the Award passed by the MACT by the petitioner, if he is so advised.

3. The prayers made in this original petition was very much alive in the earlier writ petition when it was filed. But, the said prayer was not made in the earlier writ petition. Therefore, I am of considered view that the present original petition is constructive res judicata and, therefore, the same is hereby dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE Svn APPENDIX OF OP (MAC) 21/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE VEHICLE SALE AGREEMENT DATED

11-07-2006 BETWEEN THE PETITIONER AND THE ANIL KUMAR EXHIBIT P2 TRUE COPY OF THE O.P.(MV) NO. 415/2013 FILED BY RESPONDENTS 1 TO 3 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA DATED

26-04-2013 EXHIBIT P3 TRUE COPY OF THE AWARD PASSED BY THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, NEYYATTINKARA DATED

26-10-2018 IN O.P. (MV)NO. 415/2013 EXHIBIT P4 TRUE COPY OF THE DEMAND NOTICE RRC NO.

2023/786/01 DATED 17-02-2023 I