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2022 Supreme(Online)(KER) 10472
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 9TH DAY OF FEBRUARY 2022 / 20TH MAGHA, 1943 WP(C) NO. 29942 OF 2018 PETITIONER:
ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, KANNUR, NOW REPRESENTED BY THEIR ZONAL HEAD, SUBRAMANIAM BUILDING, CLUB HOUSE ROAD, ANNASALAI, CHENNAI 600 002 BY ADV JACOB MATHEW P RESPONDENTS:
1 THE DEPUTY TAHASILDAR,KANNUR TALUK, KANNUR -
670 002
2 ARUN JOHNY,S/O JOHNY, PEZHAKKATTIL HOUSE, MUTHIRERI, POROOR P.O., THAVINJAL, VALAD, MANANTHAVADI TALUK, PIN-670644.
3 SADAKKATHULLA,S/O. MUHAMMED HANEEFA, 463(4)
EESALAVA HOUSE, AMBALAVAYAL P.O., AYRAMKOLLY, WAYANAD-673593.
SR. GP SMT.RESMI K.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
An exparte award was passed against the petitioner Company, in OP(MV) No.173 of 2013 of the MACT, Wayanad, Kalpetta. According to the petitioner, no notice in the proceeding was served on them. It is only when a demand notice in the Revenue Recovery Proceedings was served on the petitioner that they came to know about the Claim Petition and the award. Thereupon the petitioner has filed applications as I.A No.2529 of 2018, seeking to set aside the ex parte award and I.A No.2528 of 2018, seeking to condone the delay in filing the application. The said applications are pending consideration before the Tribunal. In the meanwhile since the recovery proceedings were surging ahead, the petitioner has approached this Court by way of this Writ Petition.
2. Heard Sri.P.Mathews Jacob, learned senior counsel on behalf of the petitioner and the learned senior Government Pleader.
3. Along with the Writ Petition the petitioner has produced Ext P4 copy of the certificate of insurance in respect of the vehicle in question, which relates to the period from 01.03.2014 to 28.02.2015. According to the petitioner, the vehicle was not covered by insurance during the period of the accident in question namely, 17.08.2012 and hence the petitioner does not have any liability. 4. At the time of admission, on 12.09.2018, this Court had granted interim stay of further proceedings for recovery. The said order is still in force. It would be sufficient if the applications to set aside the exparte award and for condonation of delay are disposed of expeditiously.
Accordingly, the Writ Petition is disposed of directing the MACT, Wayanad, Kalpetta to dispose of I.A Nos.2529 of 2018 and 2528 of 2018 as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, further proceedings for recovery shall be kept in abeyance.
Sd/-
Sathish Ninan, Judge
APPENDIX OF WP(C) 29942/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEMAND NOTICE DATED
29.8.2018 ISSUED BY THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE AWARD DATED
21.11.2014 IN O.P.(MV) 173 OF 2013 IN THE MOTOR ACCIDENTS TRIBUNAL, WAYANAD, KALPETTA.
EXHIBIT P3 TRUE COPY OF THE AMVI REPORT DATED
18.8.2012 IN RESPECT OF KL-12/G-4550 TIPPER LORRY.
EXHIBIT P4 TRUE COPY OF THE POLICE NO.VGC0340862000100 FOR THE PERIOD FROM 1.3.2014 TO 28.2.2015 IN RESPECT OF KL-12/G-4550 TIPPER LORRY.
