Dated this the 6th day of November 2019

The petitioner was set ex-parte in OP(MV)No.665/2008 of

the Motor Accidents Claims Tribunal, Kollam. Consequent upon

Ext.P1 Award passed by the Tribunal on 22.12.2011, recovery

proceedings initiated. At this juncture, the petitioner approached

the Tribunal with applications to condone the delay of 187 days

and to set aside the ex-parte Award. Both applications were

rejected. Challenging this the petitioner approached this Court.

2. The petitioner claims that he had valid insurance and the

vehicle was used as a private vehicle only. This Court is of the

view that an opportunity should be given to the petitioner to prove

his case on terms. Accordingly, the impugned order is set aside.

The petitioner shall pay a sum of Rs.2,000/-(Rupees two thousand

only) towards costs to the Kerala Legal Services Authority within

a period of two weeks. The petitioner shall produce the receipt

before the Tribunal. He shall be given an opportunity to prove the

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insurance and non-violation of policy conditions. The award in all

other respect is retained.

The parties shall appear before the Motor Accidents Claims

Tribunal, Kollam on 10.12.2019.

Sd/-

A.MUHAMED MUSTAQ