Saidalavi vs Dinesh Alias Dinesh Chandran

C.S Dias, J

The original petition is filed to direct the Motor Accident Claims Tribunal, (‘Tribunal’, in short), Tirur, to consider and dispose of IA No.3/2023 (Ext P2) and IA No.2/2023 (Ext P3) filed by the petitioner in OP(MV) No.280/2016, expeditiously and until such time to defer further recovery proceedings pursuant to Ext P1 award.

The petitioner’s case is that he is the first respondent in the above claim petition, which was filed by the first respondent herein claiming compensation on account of the injuries sustained to him in a road accident that occurred on 10.5.2011. The petitioner was

called absent and set ex parte. The Tribunal, by Ext P1 award, allowed the claim petition and directed the second respondent to pay the compensation amount to the first respondent and recover it from the petitioner on the allegation of violation of policy conditions. Even though the petitioner received notice in the claim petition, he could not conduct the case since he was employed at Chennai. The petitioner has now preferred Exts P2 and P3 applications to set aside the ex parte award and to condone the delay in filing Ext P2 application, respectively. The petitioner apprehends that during the pendency of Exts P2 and P3 applications, the second respondent would enforce Ext P1 and realise the compensation amount from the petitioner. Hence, the original petition.

Heard; Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioner and Sri.Lal K.Joseph, the learned counsel appearing for the second respondent. As the second respondent has already admitted the insurance policy and paid the compensation amount as per Ext P1 award, notice to the first respondent is dispensed with.

Having considered the pleadings and materials on record and taking note of the fact that Exts P2 and P3 applications are pending consideration before the Tribunal, I deem it appropriate to direct the Tribunal to consider and dispose of the applications within a time frame.

Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I dispose of  the  original  petition  in  the  following manner:

(i) The Tribunal is directed  to consider and dispose of Exts P2 and P3 applications, in accordance with law and as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of the judgment, after affording the petitioner and the second respondent an opportunity of being heard.

(ii) Until such time orders are passed on Exts P2 and P3 applications, all further recovery proceedings pursuant to Ext P1 award shall stand deferred.