MANAGER Vs. AMBIKA

JUDGEMENT

(1.) The petitioner, who is the 1st respondent in O.P.(MV) No.288 of 2015 on the file of the Motor Accidents Claims Tribunal, Kollam, a claim petition filed by the respondents herein under Section 166 of the Motor Vehicles Act, 1988, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the Tribunal to keep in abeyance all further proceedings in E.P.No.30 of 2018 in O.P. (MV) No.288 of 2015 until the interim application for stay filed in MACA No.2009 of 2018 is disposed of by this Court.

(2.) Heard the learned counsel for the petitioner.

(3.) The pleadings and materials on record would show that, in O.P.(MV) No.288 of 2015, arising out of a motor accident which occurred on 13.10.2014, involving a motor cycle bearing registration No. KL-03/M-4718, the Tribunal passed Ext.P2 award in favour of the respondents herein, who are the legal heirs of one Mukesh, who died in that motor accident. By Ext.P2 award, the Tribunal directed the petitioner herein, who was arrayed as the 1st respondent and one Darshan Thampi, who was arrayed as the 2nd respondent, in that claim petition to pay a total compensation of Rs.9,54,100/- together with 9% interest from the date of petition and a cost of Rs.10,000/-. The petitioner and the said Darshan Thampi were arrayed as respondents 1 and 2 alleging that, at the time of accident, they were the registered owner and rider respectively of the said motor cycle.