The court ruled on the necessity of procedural compliance for addressing exparte awards in motor accident claims.

JUDGMENT

The petitioner challenges Ext.P7 order rejecting his applications, namely I.A. No.1 of 2024 and I.A. No.2 of 2024 filed in O.P.(M.V.) No.855 of 2018, to condone the delay of eight months and five days in setting aside the exparte award passed on 29.04.2023. The petitioner had submitted before the trial Court that he came to know about the passing of the award only when he received the notice in the execution petition.

2. Applications were rejected by the Tribunal, stating that no documents support the plea of illness of the father of the petitioner, raised in the petition.

3. Upon admission of the original petition, an interim order was passed directing the petitioner to deposit an amount of Rs.50,000/- (Rupees fifty thousand only). It is submitted by both sides that the said amount was deposited, and a receipt is also produced.

4. The learned counsel for the petitioner submits that the vehicle was covered with valid insurance. Taking note of the fact that the petitioner complied with the interim order passed by this Court, I am inclined to grant one opportunity to the petitioner to contest the claim petition on condition that the petitioner deposit a further amount of Rs. 50,000/- (Rupees fifty thousand only) within one month from today. On the petitioner remitting Rs.50,000/- (Rupees fifty thousand only), the impugned order as well as the exparte award will stand set aside. There will be a direction to the Motor Accidents Claims Tribunal, Alappuzha, to rehear and pass fresh orders in O.P.(M.V.) No.855 of 2018, in accordance with law, within three months from the date of the first appearance. There will be a further direction to the claimant, the 1^st respondent herein, to implead the insurance company also.

5. In case the petitioner does not remit the said amount within one month from today, the petitioner will lose the benefit of this judgment, and the impugned order will stand confirmed. Parties are directed to appear before the Tribunal on 16.03.2026. Needless to say, the deposits made by the petitioner will be subject to the final orders to be passed in the claim petition.

The original petition is allowed as above.

Sd/-