SUNNY VARGHESE Vs. SHYAMALA DAS AND ORS.

JUDGEMENT

(1.) The challenge is against the award dated 31.1.2014 passed by the Motor Accidents Claims Tribunal, Kottayam in OP(MV). No. 893 of 2006, whereby the award amount has been directed to be satisfied by the Insurance Company with liberty to have it recovered from the appellant, who was stated as the owner of the vehicle at the relevant time.

(2.) The case projected by the appellant is that he was the owner of the motorcycle bearing registration No. KL-5 B/886, which was sold by him on 5.6.2005 to the 6th respondent. After the sale as above, the vehicle met with an accident on 31.1.2006, whereby a person by name Das Kumaran was knocked down and it resulted in the death of the person injured, which led to the Claim Petition preferred before the Tribunal.

(3.) It is stated that the appellant initially could not contest the matter as he was undergoing some treatment, whereupon an ex parte award came to be passed directing the 7th respondent insurer to satisfy the award amount of Rs. 3,98,400/- with interest, granting liberty to have the same reimbursed from the appellant. On coming to know about the same, the appellant filed an application to set aside the ex parte award, accompanied by a petition to condone the delay in filing the same. In the meanwhile, the Insurance Company satisfied the amount and proceeded further to get the amount recovered from the appellant. Aggrieved by the recovery steps, the appellant approached this Court by filing W.P(C). No. 7350 of 2011, wherein an interim order was obtained with regard to recovery proceedings.