The petitioner, who is the 1^st respondent in O.P.(MV)No.490

of 2013 on the file of the Motor Accidents Claims Tribunal,

Muvattupuzha, has filed this original petition under Article 227 of

the Constitution of India seeking an order to set aside Ext.P5

order dated 21.11.2018 of the Tribunal in I.A.No.2012 of 2017 in

O.P.(MV)No.490 of 2013 and to direct the Tribunal to dispose of

the said interlocutory application after issuing notice to the

petitioner and giving him an opportunity for settlement.

2.

On 09.01.2019, when this original petition came up for

admission, the Registry was directed to get a report from the

Motor Accidents Claims Tribunal, Muvattupuzha as to whether a

copy of I.A.No.2012 of 2017 in O.P.(MV)No.490 of 2013 was

served on the learned counsel for the counter petitioner in that

interlocutory application and also whether Ext.P5 order dated

21.11.2018 in I.A.No.2012 of 2017 is one passed after hearing

the learned counsel for the counter petitioner.

3.

Pursuant to the order dated 09.01.2019, a report

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dated 09.01.2019 is received from the Tribunal, wherein it has

been reported that I.A.No.2012 of 2017 in O.P.(MV)No.490 of

2013 was filed on 05.08.2017 for issuance of revenue recovery

certificate for realisation of the award amount from the counter

petitioner (1^st respondent in O.P.(MV)No.490 of 2013). Notice was

not served on the learned counsel for the counter petitioner in

I.A.No.2012 of 2017. On 07.08.2017, the Tribunal passed an

order to issue revenue recovery certificate. As there is already an

order to issue revenue recovery certificate, the learned counsel

for the counter petitioner was not heard. Revenue recovery

certificate was issued vide requisition No.2D18/13774/07 on

10.10.2018 and I.A.No.2012 of 2017 was closed on 21.11.2018.

4.

On 11.01.2019, this Court ordered urgent notice on

admission by speed post to respondents 1 and 2, returnable

within two weeks. The learned Standing Counsel took notice on

admission for the 3^rd respondent insurer. This Court granted an

interim order to the effect that, if the petitioner remits a sum of

`50,000/-with the Tribunal in O.P.(MV)No.490 of 2013 within two

weeks from 11.01.2019, revenue recovery proceedings initiated

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pursuant to Ext.P5 order of the Tribunal shall be deferred for a

period of one month. It was made clear that, on such remittance

being made, it would be open to the 3^rd respondent insurer

approach the Tribunal for release of the said amount.

5.

On 31.01.2019, when this original petition came up for

consideration, the learned counsel for the petitioner filed a memo

stating that the petitioner has already complied with the

condition stipulated in the interim order dated 11.01.2019, by

depositing `50,000/- before the Tribunal. After recording the

said memo, the original petition was ordered to be listed on

08.02.2019, awaiting return of notice. On 08.02.2019, the

original petition was adjourned to 25.02.2019, awaiting return of

notice on respondents 1 and 2, and the interim order was

extended by three weeks.

6.

A counter affidavit has been filed by the 3^rd respondent

insurer, opposing the reliefs sought for in this original petition.

7.

Heard the learned counsel for the petitioner and also

the learned Standing Counsel for the 3^rd respondent insurer.

Despite service of notice, none appears for respondents 1 and 2.

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8.

The issue that arises for consideration in this original

petition is as to whether any interference is warranted on Ext.P5

order dated 21.11.2018 of the Tribunal in I.A.No.2012 of 2017 in

O.P.(MV)No.490 of 2013, invoking the supervisory jurisdiction of

this Court under Article 227 of the Constitution of India.

9.

The 1^st respondent herein filed O.P.(MV)No.490 of

2013 before the Tribunal, which is a claim petition filed under

Section 166 of the Motor Vehicles Act, 1988 claiming a total

compensation `4,50,000/- on account of the injuries sustained by

him in a motor accide