IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN TUESDAY, THE 02ND DAY OF JULY 2019/11TH ASHADHA, 1941 OP (MAC) No. 4 of 2019 AGAINST THE ORDER IN IA NO.2012/2017 IN OPMV NO.490/2013 of MOTOR ACCIDENT CLAIMS TRIBUNAL MUVATTUPUZHA DATED 21-11-2018 PETITIONER/1ST RESPONDENT:

BABU P.U.

AGED 55 YEARS S/O.ULAHANNAN, PANTHANATHOTTATHIL HOUSE, OORAMANA P.O., MEMURY, ERNAKULAM DISTRICT.

BY ADV.SRI.JOBY JACOB PULICKEKUDY RESPONDENTS/PETITIONER AND RESPONDENTS 2 & 3:

1 ABRAHAM, AGED 57 YEARS S/O.K.I.THOMAS, KARAYAKALLIL @ KARAYAPARAMBIL HOUSE, MEMURY KARA, PAMPAKUDA, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686667.

2 LINU SUSAN, D/O.BABU P.U., PANTHANATHOTTATHIL HOUSE, OORAMANA P.O, MEMURY, ERNAKULAM DISTRICT-

686663.

3 NATIONAL INSURANCE COMPANY LTD., KOLENCHERRY, ERNAKULAM- 682311.

BY ADV. SRI.LAL GEORGE THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 05.04.2019, THE COURT ON 02.07.2019 DELIVERED THE FOLLOWING:

“CR”

JUDGMENT

The petitioner, who is the 1^st respondent in O.P.(MV)No.490 of 2013 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, has filed this original petition under Article 227 of the Constitution of India seeking an order to set aside Ext.P5 order dated 21.11.2018 of the Tribunal in I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 and to direct the Tribunal to dispose of the said interlocutory application after issuing notice to the petitioner and giving him an opportunity for settlement.

2. On 09.01.2019, when this original petition came up for admission, the Registry was directed to get a report from the Motor Accidents Claims Tribunal, Muvattupuzha as to whether a copy of I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 was served on the learned counsel for the counter petitioner in that interlocutory application and also whether Ext.P5 order dated 21.11.2018 in I.A.No.2012 of 2017 is one passed after hearing the learned counsel for the counter petitioner.

3. Pursuant to the order dated 09.01.2019, a report dated 09.01.2019 is received from the Tribunal, wherein it has been reported that I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 was filed on 05.08.2017 for issuance of revenue recovery certificate for realisation of the award amount from the counter petitioner (1^st respondent in O.P.(MV)No.490 of 2013). Notice was not served on the learned counsel for the counter petitioner in I.A.No.2012 of 2017. On 07.08.2017, the Tribunal passed an order to issue revenue recovery certificate. As there is already an order to issue revenue recovery certificate, the learned counsel for the counter petitioner was not heard. Revenue recovery certificate was issued vide requisition No.2D18/13774/07 on

10.10.2018 and I.A.No.2012 of 2017 was closed on 21.11.2018.

4. On 11.01.2019, this Court ordered urgent notice on admission by speed post to respondents 1 and 2, returnable within two weeks. The learned Standing Counsel took notice on admission for the 3^rd respondent insurer. This Court granted an interim order to the effect that, if the petitioner remits a sum of `50,000/-with the Tribunal in O.P.(MV)No.490 of 2013 within two weeks from 11.01.2019, revenue recovery proceedings initiated pursuant to Ext.P5 order of the Tribunal shall be deferred for a period of one month. It was made clear that, on such remittance being made, it would be open to the 3^rd respondent insurer approach the Tribunal for release of the said amount.

5. On 31.01.2019, when this original petition came up for consideration, the learned counsel for the petitioner filed a memo stating that the petitioner has already complied with the condition stipulated in the interim order dated 11.01.2019, by depositing `50,000/- before the Tribunal. After recording the said memo, the original petition was ordered to be listed on 08.02.2019, awaiting return of notice. On 08.02.2019, the original petition was adjourned to 25.02.2019, awaiting return of notice on respondents 1 and 2, and the interim order was extended by three weeks.

6. A counter affidav