Petition withdrawn with liberty to challenge fresh ex-parte motor accident award.

JUDGMENT

The petitioner is the 3rdrespondent in O.P.(MV) No.1102/2017 on the files of the Motor Accidents Claims Tribunal, Alappuzha. Ext.P1 is the Award passed in the said claim petition. The petitioner, who was the owner of the vehicle at the time of the accident, remained ex-parte in the claim petition. On coming to know about the ex-parte award passed by the Tribunal, the petitioner along with the 6threspondent, the previous owner of the vehicle, filed I.A.No.4/2023 to set aside the award along with I.A.No.3/2023 to condone the delay. However, the Tribunal dismissed the said applications by Ext.P2 order. This Court, by Ext.P3 judgment, set aside Ext.P2 order of the Tribunal. This Original Petition is filed for the following reliefs:-

“i) Pass an order setting aside Ext. P-2 common order in I. A. No. 3/2023 and I. A. No. 4/ 2023 in O.P. (MV) No.1102/2017 on the file of the MAC Tribunal, Alappuzha, in so far as the same relates to the petitioner;

ii) Pass an order allowing I. A. No. 3/202j and I. A. No. 4/ 2023 in O.P.(MV)No. 1102/2017 on the file of the MAC Tribunal, Alappuzha.”

2. When this Original Petition came up for consideration today, it is submitted by the learned counsel on both sides that pursuant to Ext.P3 judgment, the Tribunal has passed fresh award. The petitioner was declared ex-parte in the said award also.

Accordingly, the petitioner seeks permission to withdraw this Original Petition with liberty to file appropriate application to set aside the ex-parte award, in accordance with law. With the said liberty, this Original Petition is disposed of.