Musthafa v. The District Collector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 3RD DAY OF NOVEMBER 2015/12TH KARTHIKA, 1937 OP (MAC).No. 134 of 2015 (O) ----------------------------- AGAINST THE ORDER/JUDGMENT IN OPMV 740/2010 of M.A.C.T., MANJERI DATED 07-03-2013 PETITIONER(S):

-------------------------- MUSTHAFA AGED 44 YEARS S/O.MOIDEENKUTTY, MUPPARA HOUSE POOKKOTTUMPADAM P.O, AMARAMBALAM NILAMBUR TALUK, MALAPPURAM DISTRICT BY ADV. SRI.P.SAMSUDIN RESPONDENT(S):

---------------------------- 1.

THE DISTRICT COLLECTOR MALAPPURAM-676 505 2.

THE TAHSILDAR, REVENUE RECOVERY TALUK OFFICE, NILAMBUR-679 329, MALAPPURAM 3.

ORIENTAL INSURANCE COMPANY LTD, JASEELA COMPLEX BYE PASS JUNCTION, NILAMBUR ROAD MANJERI-676 121.MALAPPURAM R1-2 BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER R3 BY SMT.K.S.SANTHI THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 03-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P(MAC)NO.134/2015 ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE AWARD DATED 7.3.2013 IN O.P(MV)740/2010 ON THE FILES OF THE MACT, MANJERI EXHIBIT P2. TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER IN SUPPORT OF I.A. 1965/2014 IN O.P(MV)740/2010 EXHIBIT P3. TRUE COPY OF THE AFFIDAVIT FILE DBY THE PETITIONER IN SUPPORT OF I.A.1966/2014 IN O.P(MV)740/2010 EXHIBIT P4. TRUE COPY OF THE JUDGMENT DATED 19.8.2014 IN W.P.(C) NO.18464/2014 OF THIS HON'BLE COURT EXHIBIT P5. TRUE COPY OF THE ORDER DATED 5.10.2015 IN I.A.NO.1966/2014 IN O.P(MV)740/2010 ON THE FILES OF THE MACT, MANJERI RESPONDENT(S)' EXHIBITS ---------------------------------------NIL TRUE COPY SKS P.A TO JUDGE

V.CHITAMBARESH, J.

-------------------------------------- O.P(MAC)NO. 134 OF 2015 --------------------------------------- Dated this the 3rd day of November, 2015

JUDGMENT

The discretion exercised by the Motor Accidents Claims Tribunal in imposing a cost of 10,000/-(Rupees ten thousand ₹ only) as a condition precedent for condoning the delay in seeking to set aside the ex parte award by the Claims Tribunal cannot be tinkered with in exercise of the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The delay is of 247 days and the Tribunal has thought it fit to impose such cost in order to afford an opportunity to the petitioner(who is the owner of the vehicle involved in the accident) to contest the claim on merits. I am sure that the Claims Tribunal will afford an opportunity to the petitioner to place his case on merits if he complies with the condition to deposit a sum of 10,000/-(Rupees ₹ ten thousand only) as costs within a period of two weeks from today.

The original petition is disposed of as above. V.CHITAMBARESH, JUDGE sks