IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
GOPAKUMAR – Appellant
Versus
THE NATIONAL INSURANCE CO. LTD. – Respondent
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.(M
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