LAWS(KER)-2018-9-32

RAHUL Vs. PRADEEP

Decided On September 10, 2018
RAHUL Appellant
V/S
PRADEEP Respondents

JUDGEMENT

(1.) The petitioner is the claimant in O.P. (MV)No.1481/2016 on the file of the Motor Accident Claims Tribunal, Thrissur. The 1st respondent in that claim petition has filed O.P.(MV)No.2190/2012 in which the petitioner is the 2nd respondent. Both claim petitions arise out of a motor accident which occurred on 12.8.2012 at Poomkunnam, in Thrissur District, involving a motorcycle bearing registration No.KL-08/AM-4813 owned by the petitioner and a scooter bearing registration No.KL-08/AW-25 owned by the claimant in O.P.(MV)No.2190/2012.

(2.) The petitioner has moved this original petition under Article 227 of the Constitution of India, seeking a writ of certiorari to quash Exts.P7 and P8 orders passed by the Motor Accident Claims Tribunal, Thrissur and seeking an order to direct the Tribunal to allow Exts.P5 and P6 interlocutory applications. Ext.P5 application i.e., I.A.No.4632/2018 is one filed for joint trial of O.P.(MV)Nos.2190/2012 and 1481/2016. Ext.P6 application, i.e., I.A.No.4631/2018 is one filed seeking an order to reopen his evidence in O.P.(MV)No.2190/2012. The aforesaid interlocutory applications stand dismissed by Exts.P7 and P8 orders of the Tribunal dated 19.6.2018.

(3.) By Ext.P7 order, I.A.No.4632/2018 filed by the petitioner stands rejected on the ground that evidence in O.P.(MV)No.2190/2012 is completed and that claim petition is posted for final hearing. By Ext.P8 order, I.A.No.4631/2018 stands rejected on the ground that all the documents have already been marked without objection. In the said order it has also been stated that no application to reopen the evidence is filed.