← Library
High Court of KeralaOP (MAC)/190/2014disposed of

Thajudheen v. Prasannakumari

2015-01-19Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 OP (MAC).No. 190 of 2014 (O) ----------------------------- AGAINST THE MATTER IN I.A. NO.3172/2014 IN I.A. 3171/2014 IN OPMV 1887/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL PETITIONER/PETITIONER/IST RESPONDENT:

----------------------------------------------------------------- THAJUDHEEN AGED 66 YEARS S/O ADIMAKKANNU, ANAZ MANZIL, KOKOTTUKONAM PALLICKAL.

BY ADV. SRI.LIJU. M.P RESPONDENTS/RESPONDENTS/CLAIMANT AND RESPONDENTS 2 & 3: --------------------------------------------------------------------------------------------------------

1. PRASANNAKUMARI W/O VELLARIKONAM, KIZHAKKINKARA, PUTHEN VEEDU ERIYANADU, PANAVOOR (P.O). 691 101

2. SAJEEV S/O SALAHUDEEN, SAGINA MANZIL, MUKKADA MARUTHIKKUNNU, NAVAIKULAM, KOLLAM. 691 001

3. THE MANAGER NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE ATTINGAL. 695 101 R3 BY ADV. SRI.RENI ANTO KANDAMKULATHY BY SRI.A.A.ZIYAD RAHMAN THIS OP (MAC) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (MAC).No. 190 of 2014 (O) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE PHOTOCOPY OF THE LICENCE OF 2ND RESPONDENT. EXHIBIT P2:

TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.3171/14 IN O.P.(M.V.) NO.1887/2003 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL.

EXHIBIT P3:

TRUE PHOTOCOPY OF THE PETITION IN I.A.NO.3172/2014 IN I.A.NO.3171/14 IN O.P.(MV)NO.1887/2003 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL.

EXHIBIT P4:

TRUE PHOTOCOPY OF THE DEMAND NOTICE NO.G3-3128/13 ISSUED TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ O.P.(MAC) No. 190 of 2014 ------------------------------------------ Dated this the 19th day of January, 2015

J U D G M E N T

The petitioner, the registered Owner of a vehicle, is aggrieved with the revenue recovery proceedings initiated as per Ext.P4, when an application for review is pending before the Motor Accident Claims Tribunal as Ext.P3. 2.

The brief contention to be noticed is that the petitioner's vehicle was involved in an accident and the injured filed a claim petition before the Tribunal as OP(MV) 1887/2003. Though the petitioner appeared and produced a copy of the driving license of the driver, the same was not accepted by the Tribunal. An award was passed and the Insurance Company was directed to make the deposit, but however was absolved from the liability, for reason of the registered owner and the driver having not proved that the driver had a valid driving license at the time when the accident occurred.

O.P.(MV) No.190/2014 -23.

Sri.Reni Anto Kandamkulathy appears for the 3rd respondent. Heard the 3rd respondent also.

4.

The petitioner contends that at the time when the claim was pending before the Tribunal, the driver had been abroad and the petitioner could not get the original of the driving license. Now the driver is back in India and the original is also available with the petitioner, is the contention. In any circumstance, the petitioner is seen to have produced the copy of the driving license even at the time when the matter was pending before the Tribunal. In such circumstance, it is fit that the recovery proceedings as per Ext.P4 be kept in abeyance till a decision is arrived at in Ext.P3.

The Writ Petition is disposed of with the above direction.

Sd/- K.VINOD CHANDRAN, JUDGE jjj