KUNHIVEETTIL MOHAMMED ASLAM Vs. T RAMESH BABU

JUDGEMENT

(1.) EXT.P3 award passed by the Motor Accidents Claims Tribunal on 7.11.2008 and EXT.P6 order of attachment issued under the provisions of the Kerala Revenue Recovery Act, 1968 attaching an item of immovable property belonging to the petitioner in execution of that award are under challenge in this Original Petition.

(2.) THE main contention put forward in the Original Petition is that Ext.P3 award is vitiated by fraud. It is also contended that the petitioner had no notice of the claim petition and therefore the award cannot be executed as against him. It is further contended that though the petitioner was prosecuted for the offences punishable under sections 279 and 338 IPC, in S.T. Case No.90 of 2004 on the file of the Court of the Chief Judicial Magistrate of Thalassery, in respect of the accident which gave rise to the case before the Motor Accidents Claims Tribunal, by Ext.P5 judgment he was acquitted and therefore the finding in Ext.P3 award that the accident took place as a result of the negligent driving of the vehicle by the petitioner cannot be sustained. Relying on Ext.P4 FIR it is contended that the name of the accused was shown as Kabeer thereby indicating that the vehicle was not driven by the petitioner.