PRAKASHAN K.K. Vs. LEELAMMA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-5/Q-3475, is the 2nd respondent in O.P.(MV)No.1047/2014 on the file of the Motor Accident Claims Tribunal, Kottayam, which is a claim petition filed by the 1st respondent herein under 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained in a motor accident which occurred on 15.5.2012, involving a bus bearing registration No.KL-05/Q-3475, owned by the petitioner, which was driven by the 2nd respondent. The Tribunal by Ext.P1 award dated 23.2.2016, allowed the claim petition, awarding a total compensation of Rs. 79,600/- to the 1st respondent claimant, together with interest at the rate of 9% per annum from the date of petition, i.e., 31.07.2014, till its realisation, with proportionate costs. On a finding that at the time of accident, the driver of the bus was not having a valid driving licence, the 3rd respondent insurer was permitted to recover the amount of compensation paid to the 1st respondent claimant by proceeding against the petitioner, who is the owner of the said bus and also the 2nd respondent driver.

(2.) Pursuant to the award passed by the Tribunal, the 1st respondent claimant moved Ext.P2 application in E.P.No.168 of 2016 for initiating revenue recovery proceedings against the petitioner and also the 2nd respondent driver. The petitioner moved I.A.No.33/2018 and I.A.No.34/2018, i.e., Exts.P6 and P4 interlocutory applications in O.P.(MV)No.1047/2014, seeking an order to set aside Ext.P1 ex parte award and also to condone the delay of 680 days in filing the petition to set aside the ex parte award. Thereafter, the petitioner has moved this Court in this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Tribunal to consider Exts.P4 and P6 interlocutory applications filed to set aside the ex parte order and also to condone the delay in filing the application to set aside the ex parte award, and to keep in abeyance all further revenue recovery proceedings, till a decision is taken on those applications. Along with the writ petition, the petitioner has also produced the driving licence particulars of the 2nd respondent driver as Ext.P5.

(3.) On 18.01.2018, when this writ petition came up for admission, this Court admitted the matter on file. Urgent notice by speed post was ordered to respondents 1 and 2. The learned Standing Counsel took notice for 3rd respondent insurer and the learned Government Pleader took notice for 4th respondent. This Court granted an interim stay of all further proceedings pursuant to Ext.P1 award, as far as the petitioner is concerned, for a period of one month. The said interim order, which was extended from time to time, is still in force.