IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939 OP (MAC).No. 4 of 2018 ---------------------

PETITIONER :

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KRISHNAKUMAR, AGED 35 YEARS, S/O.DIVAKARA KAMMATH, KANNAMPARAMBU HOUSE, PARAVUR VILLAGE, N.PARUR, ERNAKULAM DISTRICT.

BY ADVS.SRI.C.CHANDRASEKHARAN SRI.P.VISWANATHA MENON RESPONDENTS :

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1. MURUKAN, AGED 46 YEARS, S/O. KAPPAYANDI PILLI, KUNNATHUVEEDU, KACHERIPADI BHAGAM, PARAVOOTHARA KARA, PARUR VILLAGE, N.PARUR, ERNAKULAM DISTRICT, PIN - 683 513.

2. SREE VIDYA, W/O.MURUKAN, KUNNATHUVEEDU, KACHERIPADI, N.PARAVUR, PIN CODE - 683 513, ERNAKULAM DISTRICT.

3. NATIONAL INSURANCE CO. LTD., MUNICIPAL SHOPPING COMPLEX, KACHERIPADI, NORTH PARAVUR, ERNAKULAM DISTRICT - 683 513.

R3 BY SRI.P.K.MANOJ KUMAR,SC, THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp/ 24/2/2018 --------------------------

APPENDIX PETITIONER(S)' EXHIBITS -----------------------

EXT.P1: TRUE COPY OF THE O.P(M.V).NO.712/2015 FILED BY THE PETITIONER BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, N.PARUR.

EXT.P2: TRUE COPY OF THE DISCHARGE SUMMARY CARD DATED 28/1/2015 ISSUED FROM THE MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXT.P3: TRUE COPY OF THE WOUND CERTIFICATE CUM DISCHARGE SUMMARY CERTIFICATE DATED 28/1/2015 ISSUED FROM THE MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXT.P4: TRUE COPY OF THE I.A.NO.2436/2017 IN O.P(M.V).NO.712/2015 DATED 16/10/2017 FILED BY THE PETITIONER.

EXT.P5: TRUE COPY OF THE I.A.NO.2435/2017 IN O.P(M.V).NO.712/2015 DATED 16.10.2017 FILED BY THE PETITIONER.

EXT.P6: TRUE COPY OF THE ORDER DATED 23.10.2017 IN I.A.NO.2435/2017 IN O.P.(M.V).NO.712/2015.

EXT.P7: TRUE COPY OF THE ORDER DATED 5.12.2017 IN I.A.NO.2436/2017 IN O.P.(M.V).NO.712/2015.

RESPONDENT'S EXHIBIT : NIL.

//TRUE COPY// P.A. TO JUDGE bp/24/2/2018 ANIL K. NARENDRAN, J.

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Dated this the 8^th day of February, 2018

J U D G M E N T

The petitioner is the claimant in O.P(MV)

No.712/2015 on the file of the Motor Accidents Claims Tribunal, North Paravur, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the injuries sustained in a motor accident which occurred on 22.12.2014, involving a motor car bearing registration No.KL-42/J-341, driven and owned by respondents 1 and 2 respectively and insured with the 3^rd respondent. At the time of the accident, the petitioner was riding a motor cycle.

2. The petitioner has approached this Court in this original petition under Article 227 of the Constitution of India seeking an order to quash Exts.P6 and P7 orders of the Tribunal. By Ext.P6 order dated 23.10.2017, I.A.No.2345/2017 filed by the petitioner seeking an order to advance O.P(MV)No.712/2015 from 5.12.2017 stands dismissed on the ground that there is no urgency. By Ext.P7 order dated 5.12.2017, I.A. No.2436/2017 filed by the petitioner seeking an order to assess his disability by the Medical Board at the Medical College, Alappuzha stands dismissed on the ground that the petition is highly belated, as the case is a target case.

3. The specific case of the petitioner is that Exts.P6 and P7 orders were passed by the Tribunal in Chamber, without hearing his counsel before the Tribunal.

4. On 9.1.2018, when this original petition came up for admission, in view of the specific case of the petitioner that Exts.P6 and P7 orders were passed by the Tribunal in Chamber without hearing his counsel, the Registry was directed to get a report from the Tribunal. Pursuant to the said order a report dated 12.1.2018 has been received from the Tribunal, wherein it has been stated as follows:

“O.P.(M.V)712/15 pending before this Tribunal is filed by Krishnakumar on 23.12.2015 for getting compensation under section 166 of the Motor Vehicles Act. On receipt of the OP, notices were ordered to respondents 1 to 3 for filing their written sta