KHADEEJA Vs. THE DISTRICT COLLECTOR MALAPPURAM AND OTHERS

JUDGEMENT

(1.) The petitioner is the 2nd respondent in O.P (M.V) No. 1246 of 2012 on the file of Motor Accidents Claims Tribunal, Manjeri, a claim petition filed by the 3rd respondent herein, under section 166 of the Motor Vehicles Act, 1988 claiming compensation for a sum of Rs. 1,50,000/- on account of the injuries sustained in a motor accident occurred on 01.10.2012, involving an auto-rickshaw bearing Registration No. KL-10-AK- 739 driven by one Sufiyan, who was arrayed as the 1st respondent before the Tribunal. The Tribunal by Ext.P1 award, found that the petitioner and the driver of the autorickshaw are jointly and severally liable to pay compensation to the tune of Rs. 3,49,000/- to the claimant, the 3rd respondent herein, together with interest @9% per annum from the date of petition, i.e., from 22.11.2012 till date of deposit. Though the autorikshaw was covered by valid insurance policy, the insurer was exonerated from the liability on a finding that, at the time of the accident the driver of the autorickshaw was not having a valid driving license.

(2.) The petitioner as well as the driver of the autorickashaw were set ex-parte before the Tribunal. When recovery proceedings were initiated by the 3rd respondent claimant in terms of Ext.P1 award passed by the Tribunal, the petitioner moved Ext.P3 and P4 interlocutory applications before the Tribunal. Ext.P3 interlocutory application is one filed seeking an order to set aside ex-parte award passed by the Tribunal and Ext.P4 interlocutory application is one filed under Section 5 of the Limitation Act, seeking condonation of the delay of 707 days in filing the former of application. During the pendency of those interlocutory applications, the petitioner has moved this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 demand notice and a writ of mandamus commanding the Motor Accidents Claims Tribunal to consider Ext.P3 and P4 applications.

(3.) On 27.04.2018, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 and 2, and notice was ordered to other respondents. This Court also granted an interim stay of enforcing of Ext.P2 demand notice for a period of two months.