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2025 DAILYLAW 4242 (KER)

MINI, v. ANNAMMA JOHN,

OP (MAC)/25/2025 · 2025-03-25

Gopinath P

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP (MAC) NO. 25 OF 2025 1 2025:KER:26786 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP (MAC) NO. 25 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OPMV NO.1566 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOLLAM PETITIONER: MINI, AGED 51 YEARS W/O. PRASANTHAN, THIRUVATHIRA, SRPM P.O., THEKKUM MURI EAST, THAZHAVA, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690523 BY ADV K.RAKESH RESPONDENTS: 1 ANNAMMA JOHN, AGED 66 YEARS W/O. JOHN ISAC, KUTTIYIL KIZHAKKATHIL, EDAVANASSERY, MYNAGAPPALLY, KOLLAM DISTRICT, PIN - 690519 2 ISAC JOHN, AGED 46 YEARS S/O. JOHN ISSAC, ULLATTIL HOUSE, RAMANKULAM, KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT, PIN - 676123 3 ELIZEBATH, AGED 44 YEARS W/O. SAJU, KUTTIYIL KIZHAKKATHIL, MANAPPALLY SOUTH, SRPM P.O., PAVUMBA, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690574 4 BABU, S/O. PADMANABHAN, THONNALLOOR PADEETTATHIL, SRPM P.O., THEKKUM MURI EAST, THAZHVA, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690523 5 UMER, S/O. AMINA BEEVI, KHADISSIYA MANZIL, NEAR MURUKALAYAM, OP (MAC) NO. 25 OF 2025 2 2025:KER:26786 PULIYOORVANCHI, VADAKKUM MURI, THAZHVA, KARUNAGAPALLY, KOLLAM DISTRICT, PIN - 690523 THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (MAC) NO. 25 OF 2025 3 2025:KER:26786 JUDGMENT This Original Petition has been filed seeking the following reliefs: “i) Direct the M.A.C.T., Kollam to consider the Exhibits P4 and P5 petitions expeditiously as possible; ii) Direct the M.A.C.T., Kollam to put on hold all further proceedings Exhibit Pl Award till the proceedings in Exhibits P4 and P5 petitions are logically concluded; (iii) Dispense with English translation documents; the filing of of vernacular documents. (v) Grant such other reliefs as this Hon'ble Court may be pleased to pass in that regard.” 2. The Motor Accidents Claims Tribunal-Kollam has placed a report dated 21.03.2025. It is reported that once notices are served on the respondents in Exts.P4 & P5 applications, the same can be disposed of within two weeks after service of notice. 3. Taking the aforesaid report into consideration, this Original Petition will stand disposed of directing that Ext.P4 application for setting aside ex-parte decree and Ext.P5 application for condoning delay in filing the application for setting aside the ex-parte decree/award, shall be considered and disposed of within two weeks from the date on which the notices are served on the said applications on the respondents in those applications. 4. The Revenue Recovery proceedings initiated against the petitioner for recovery of amounts due under Ext.P2 and P3 shall OP (MAC) NO. 25 OF 2025 4 2025:KER:26786 remain suspended for a period of two months from today (25.03.2025). If the petitioner does not serve notice to the respondents to get Exts.P4 and P5 adjudicated within the time as specified above, the competent authority may continue with the Recovery proceedings. sd/- GOPINATH P. JUDGE Nsd OP (MAC) NO. 25 OF 2025 5 2025:KER:26786 APPENDIX OF OP (MAC) 25/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD DATED, 11-8-2022 PASSED BY THE M.A.C.T., KOLLAM IN O.P. (MV)NO.1566/2019 Exhibit P2 A TRUE COPY OF THE NOTICE UNDER SECTION 7 OF THE KERALA REVENUE RECOVERY ACT DATED, 13-6- 2024 ISSUED BY THE DEPUTY TAHSILDAR, KARUNAGAPPALLY Exhibit P3 A TRUE COPY OF THE NOTICE UNDER SECTION 34 OF THE KERALA REVENUE RECOVERY ACT DATED, 13-6- 2024 ISSUED BY THE DEPUTY TAHSILDAR, KARUNAGAPPALLY Exhibit P4 A TRUE COPY OF R.P.NO.59/2024 IN O.P. (MV)NO.1566/2019 OF THE MACT, KOLLAM, DATED, 9-9-2024 Exhibit P5 A TRUE COPY OF I.A.NO.1/2024 IN O.P. (MV)NO.1566/2019 OF THE MACT, KOLLAM, DATED, 9-9-2024