The petitioner must seek a review against prior judgment instead of relief via original petition when facts are correctly addressed.

JUDGMENT

The petitioner challenges Ext.P7 order passed by the Motor Accidents Claims Tribunal, Kollam, dated 07.05.2025, which was consequent to the directions issued by this Court in O.P. (MAC)

No.5 of 2025 dated 10.04.2025, which reads as follows:-

“3. Having heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the Insurance Company, this Original Petition will stand disposed of, directing the Motor Accidents Claims Tribunal, Kollam to consider and pass orders on Ext.P5 application for setting aside the ex parte award and Exhibit P4 application filed for condonation of delay in filing that application within a period of three months from the date of receipt of a certified copy of this judgment. The execution proceedings initiated against the petitioner shall remain suspended till a decision is taken by the Tribunal on the applications as above. It is made clear that the Tribunal need to pass orders on the merits of the application for setting aside the ex parte Award only if it decides to condone the delay of 421 days in filing the application.

The Original Petition disposed of as above.”

2. This Court had passed the judgment in O.P.(MAC) No.5 of 2025 on the impression that orders were not passed in the application seeking to set aside the exparte award. As a matter of fact, the application was already disposed of when this Court passed judgment in O.P.(MAC) No.5 of 2025 on 10.04.2025. Thereafter, when the matter was taken up by the Tribunal, it rightly observed that the application was in fact disposed of.

The petitioner submits that his contentions were wrongly noticed by this Court. This submission cannot be accepted. The remedy of the petitioner under such circumstances is only to move for a review against the judgment in O.P.(MAC) No.5 of 2025. Accordingly, I am not inclined to grant any relief in this original petition, and the same is dismissed without prejudice to the right of the petitioner to move for a review against the judgment referred to above, if so advised.

Sd/-