Kerala High Court: A. Muhamed Mustaque, J. disposed of the original petition, allowing the application for setting aside ex parte order and condonation or delay application.
The petitioner is under the liability pursuant to an Award that came out of the O.P. (MV) No. 1093 of 2017 on the file of the Motor Accidents Claims Tribunal. There was a delay of 9 years and the recovery proceedings were initiated. Hence, the petitioner filed applications to set aside the ex parte order and an application to condone the delay.
The petitioner mentioned another Award that came out from the proceedings of the same accident carried in appeal before Division Bench of this Court in M.A.C.A. No. 1413 of 2012. The Division Bench, in the mentioned case, fastened the liability on the insurer. Hence, the petitioner contended that while following the principle of parity, his ex parte order should also be set aside. Though the respondent contended that the Judgment mentioned by the petitioner was an outcome of a separate claim petition and not out of common Award.
After hearing the counsel for the petitioner, Jacob Sebastian, and the counsel for the respondent, S. Gopinathan (Government Pleader), the Court held that the Tribunal will consider both the applications within two months. The Court also directed to postpone the recovery proceedings against the petitioner until then. [Madhusoodhanan v. National Insurance Co. Ltd., 2020 SCC OnLine Ker 60, decided on 09-01-2020]
