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2026 Supreme(Online)(Ker) 16723
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
P.MOHANAN – Appellant
Versus
APPUNNY – Respondent
OP (MAC) NO. 101 OF 2015 | OPMV NO.4130 OF 2003
For the Appellants/Petitioners: SHRI.JACOB SEBASTIAN
For the Respondents: SRI.P.V.CHANDRA MOHAN, SMT.DEEPA GEORGE, SRI.LIJU. M.P, SRI.SAJAN VARGHEESE K., SRI. P.S. APPU, GP.
Important Points
Subject
Civil - Motor Accident Claims
Headnote
Result: Ext.P6 order is set aside.
| Table of Content |
|---|
| 1. challenge to the ex parte award. (Para 1) |
| 2. arguments regarding jurisdiction and legality of the award. (Para 2 , 3) |
| 3. directions for reconsideration of applications. (Para 5 , 6) |
JUDGMENT
The petitioner challenges Ext.P1 award in OP(MV)
No.4130/2003 of the Motor Accidents Claims Tribunal, Thrissur.
2. The learned counsel for the petitioner submits that Ext.P1 ex parte award was passed without jurisdiction and therefore it cannot be executed.
3. The learned counsel for the first respondent submits that the petitioner had, in fact, filed an application for setting aside the ex parte award, which also stands dismissed through Ext.P6 order dated 28.08.2014.
4. It is seen from Ext.P6 order in I.A.Nos.6095 of 2013 and
6096 of 2013, namely the applications to set aside the ex parte award and to condone the delay in applying for the same, that the Tribunal held that the applications were not maintainable. No reason as such is given to hold that the applications were not maintainable. It is also seen that the observations made in the orders are in support of the petitioner herein, despite which the applications were dismissed. Under such circumstances, Ext.P6 order cannot be sustained.
5. Accordingly, Ext.P6 order is set aside. There will be a direction to the Motor Accidents Claims Tribunal, Thrissur, to reconsider I.A.Nos.6095 of 2013 and 6096 of 2013 after hearing all the parties and pass appropriate orders, in accordance with law, within two months from the date of receipt of a copy of this judgment. Needless to say, till fresh orders are passed, as directed above, further coercive action against the petitioner for recovery of the amount under the ex parte award will stand deferred.
6. The parties are directed to appear before the Tribunal on 06.04.2026. The Registry is directed to communicate this judgment to the Tribunal concerned forthwith.
The original petition is disposed of as above.
Sd/-
