CHANDRA BABU Vs. SOMAN

JUDGEMENT

(1.) The petitioner was arrayed as the 1 st respondent in on the files of the Motor Accidents Claims Tribunal, Pathanamthitta, which is a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 arising out of a motor accident, which occurred on 24.12.2010, involving a lorry bearing registration No.KL-07/D-7785, resulting injuries to the 1st respondent herein, who was the claimant before the Tribunal. The Tribunal passed Ext.P3 award dated 24.07.2017 awarding a total compensation of Rs.7,79,800/- together with interest at the rate of 9% per annum from the date of petition, till realisation. On a finding that the claimant is only a gratuitous passenger, the 3rd respondent insurer was absolved from the liability to indemnify the petitioner, who is the registered owner of that vehicle. Therefore, respondents 1 and 2 were jointly and severally held liable for the accident, and the petitioner, being registered owner of the offending vehicle, was held vicariously liable to pay compensation to the claimant.

(2.) The petitioner would contend that he had sold the offending vehicle in to one Ambily Mohan, on 22.10.2019 after obtaining Ext.P1 clearance certificate dated 22.10.2010 from the Sub Regional Transport Officer, Changanacherry. The petitioner has filed I.A.No.2422 of 2019 seeking an order to set aside Ext.P3 ex-parte award in and I.A.No.2421 of 2019 seeking an order to condone the delay of 561 days in filing the former application, which are now pending consideration before the Tribunal. In I.A. No.3866 of 2018, which was an application filed under Section 174 of the Motor Vehicles Act, 1988, the Tribunal issued Ext.P4 order dated 31.10.2018 issuing recovery certificate to initiate revenue recovery proceedings. Now, the petitioner has approached this Court in this original petition, under Article 227 of the Constitution of India, seeking an order directing the Motor Accidents Claims Tribunal, Pathanamthitta to consider and dispose of Exts.P5 and P6 applications, i.e., I.A.Nos.2422 and 2421 of 2019, respectively within a time limit to be fixed by this Court.

(3.) On 21.05.2019, when this original petition came up for admission, this Court issued urgent notice on admission by special messenger to respondents 1 and 2 returnable by 28.05.2019. The learned Standing Counsel took notice on admission for the 3rd respondent.