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2017 Supreme(Online)(KER) 20438
HIGH COURT OF KERALA
SHAJI P.CHALY, J
NAYANA – Appellant
Versus
RAMBAHAL JAISWAR – Respondent
95/2017
Timely resolution of applications related to ex-parte awards is essential for the interests of justice.
Headnote:
Insurance - Motor Accidents Claims Tribunal - N/A - The court directed the Tribunal to expedite consideration of applications related to an ex-parte award, emphasizing prompt resolution and the petitioners' rights regarding the deposited amount.
Fact of the Case:
Petitioners sought intervention in pending applications concerning an ex-parte award by the Motor Accidents Claims Tribunal, which involved the Insurance Company and claimants.
Finding of the Court:
The court directed the Tribunal to finalize the pending applications within six weeks, allowing petitioners to seek expedited hearings.
Issues: Whether the Tribunal should expedite consideration of the pending applications regarding the ex-parte award.
Ratio Decidendi: The necessity for prompt judicial action in matters where substantial amounts are at stake, particularly involving insurance claims.
Final Decision: The writ petition is disposed of with directions to the Tribunal.
JUDGMENT
Petitioners are respondents 1 and 2 in OP (MV)
No.531/2013 on the files of the Motor Accidents Claims Tribunal, Irinjalakkuda. According to the petitioners, an exparty award was passed by the Tribunal on 31.1.2017. In accordance with the directives contained in the judgment, the Insurance Company has already deposited the amount before the Tribunal. Since there is a rider provided enabling the Insurance Company to proceed against the petitioners, a direction is also sought for not to release the amount deposited by the Insurance Company to respondents 1 and 2, who are claimants in this original petition. Being aggrieved by the exparty award petitioners have submitted Ext.P1 delay petition, Ext.P2 application for setting aside the exparty award and Ext.P3 application seeking not to release the amount to the first and second respondents and the same are pending consideration and seeks direction for early disposal of the same.
2. In view of the limited nature of order I propose to pass in this writ petition, notice to respondents is dispensed with.
3. Having regard to the facts and circumstances of the case and pleadings put forth, there will be a direction to the Tribunal in question to attain finality to Exts. P1 to P3 applications specified above, within six weeks from the date of receipt of a copy of this judgment. The petitioners will be at liberty to move an early posting petition in respect of Ext.P3 application regarding the prayer made for not to release amount, which will be considered by the Tribunal, at the earliest possible time, when the said petition is filed.
Writ petition is disposed of accordingly.
