IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
DILEEP.P.R. – Appellant
Versus
M.P.SAUMYA – Respondent
OP (MAC) NO. 53 OF 2025 | OPMV NO.509 OF 2022
JUDGMENT
The petitioner challenges the order in I.A.Nos.6/2025, 7/2025 and 8/2025 in O(MV) No.509/2022 on the files of the Motor Accidents Claims Tribunal, Kottayam.
2. These applications were filed to reopen the evidence and permit examination of the eye witnesses. It is stated that witnesses 2 to 4 are the witnesses in the abated charge submitted by the police, and therefore, their examination is necessary to prove the case.
3. The Tribunal dismissed the applications through Exts.P6, P7 and P9 orders stating that the first respondent did not opt to adduce evidence and therefore the evidence was closed on 05.02.2025 and the attempt of the petitioner was only to delay the proceedings.
4. Upon admission of this original petition, an interim stay of proceedings was granted.
5. After hearing the learned counsel appearing on all sides and going through the impugned orders, which do not give any other reason other than the alleged delay tactics for dismissing the petition, I am inclined to allow the applications filed before the Tribunal. It is made clear that I have not considered the merits of the case or the relevance or otherwise of the evidence to be adduced.
6. The impugned orders are set aside, and the petitioner is permitted to examine the witnesses sought for in the applications referred above. Taking note of the fact that the claim petition is of the year 2022, there will be a further direction to pass final orders in O(MV) No.509/2022 within four months from the date of receipt of a copy of this judgment.
The original petition is allowed as above.
Sd/-
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