Rahul S/o Mookooni Veettil Sivasankaran v. Pradeep S/o Udayan; Nikhil T.T. S/O Thaivalappil Veettill Thilakarajan; United India Insurance Company Limited; Udayan S/o Parameswaran; The Oriental Insurance Company Limited

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY,THE 10TH DAY OF SEPTEMBER 2018 / 19TH BHADRA, 1940** ## **OP (MAC).No. 76 of 2018** **OP(MV) 2190/2012 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR** ## **PETITIONER/2ND RESPONDENT:** **RAHUL S/O.MOOKOONI VEETTIL SIVASANKARAN, AGED 30 YEARS, RESIDING AT AYYANTHOLE VILLAGE, THRISSUR DISTRICT.** **BY ADV. SRI.T.C.SURESH MENON** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 AND 3:** - **1 PRADEEP S/O.UDAYAN, RESIDING AT PAUL VIHAR, PRADEEP NIVAS, KOTTAPPURAM DESOM, POOMKUNNAM.P.O., THRISSUR-680004.** - **2 NIKHIL.T.T. SO.THAIVALAPPIL VEETTIL THILAKARAJAN RESIDIGN AT MUTTICHOOR DESOM, PADIYAM.P.O., THRISSUR680641.** - **3 UNITED INDIA INSURANCE COMPANY LIMITED KURUPPAM ROAD THRISSUR-680001.** - **4 UDAYAN SO.PARAMESWARAN RESIDING AT PEARL VIHAR KOTTAPPURAM ROAD CHEMBUKKAVU DESOM POOMKUNNAM.P** - **5 THE ORIENTAL INSRUANCE COMPANY LIMITED. KPN SHOPPING COMPLEX THIRUVAMBADY TEMPLE ROAD THRISSUR-68** **BY ADV. SRI.N.S.MOHAMMED USMAN R3 BY SRI.JOHN JOSEPH VETTIKKAD, SC R5 BY SMT.K.S.SANTHI, SC** **THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 10.09.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## **O.P.(MAC)No.76 of 2018** ## **:-2-:** ## **J U D G M E N T** The petitioner is the claimant in O.P. (MV)No.1481/2016 on the file of the Motor Accident Claims Tribunal, Thrissur. The 1[st] respondent in that claim petition has filed O.P.(MV)No.2190/2012 in which the petitioner is the 2[nd] 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 ## **O.P.(MAC)No.76 of 2018** ## **:-3-:** 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. 4. On 3.7.2018, this Court admitted this ## **O.P.(MAC)No.76 of 2018** **:-4-:** original petition on file. This Court issued urgent notice on admission by speed post to respondents 1, 2 and 4. Respective Standing Counsel took notice for the 3[rd] respondent Insurer of motorcycle bearing registration No.KL-08/AM4813 and the 5[th] respondent Insurer of Scooter bearing registration No.KL-08/AW-25. This Court has ordered that final disposal of O.P. (MV)No.2190/2012 shall be deferred for a period of one month. 5. Heard the learned counsel for the petitioner, the learned Standing Counsel for the 3[rd] respondent insurer and also the learned Standing Counsel for the 5[th] respondent insurer. Despite service of notice, none appears for respondents 1, 2 and 4. 6. Having considered the submissions made by the learned counsel on both sides, this Court finds that O.P.(MV)Nos.2190/2012 and 1481/2016 are ## **O.P.(MAC)No.76 of 2018** ## **:-5-:** claim petitions filed under Section 166 of the Motor Vehicles Act, arising out of the very same motor accident. 7. In **Navabharat Vignan Trust and others v. Nasihudeen and others (2013(1)KLT310)** , a Division Bench of this Court, in the context of Order I, Rules 1 and 3 of the Code of Civil Procedure, 1908, held that, the circumstances requisite to allow joint trial are that, a common question of law or common question of fact must arise from all such suits; the right to relief must be in respect of or arising out of same act or transaction or same series of act or transactions in all such suits; and all parties in the suit which is sought to be transferred must be present in the suit with which joint trial is sought for. Therefore, the questions to be considered in an application for joint trial are whether there is any common question of law or fact in all such suits and ## **O.P.(MAC)No.76 of 2018** ## **:-6-:** whether the act or transaction which gives rise to a right to relief is common in all such suits. 8. In the instant case, O.P.(MV)Nos.1481/2016 and 2190/2012 arise out of the very same motor accident which occurred on 12.8.2012, involving a motorcycle bearing registration No.KL-08/AM-4813 insured with the 3[rd] respondent Insurer and a scooter bearing registration No.KL-08/AW-25 insured with the 5[th] respondent Insurer. When both claim petitions arise out of the very same accident, the request for joint trial cannot be declined on the ground that the Insurer in the respective claim petitions are different. 9. The learned Standing Counsel for the 3[rd] respondent Insurer of the motorcycle involved in the accident and also the learned Standing Counsel for the 5[th] respondent Insurer of the scooter would submit that common issues are involved in O.P. (MV)Nos.1481/2016 and 2190/2012 and both the claim ## **O.P.(MAC)No.76 of 2018** ## **:-7-:** petitions arise out of the very same motor accident and as such, joint trial of the aforesaid claim petitions, with an opportunity to both sides to adduce evidence, is highly essential. Despite service of notice, the 1[st] respondent in this original petition, who is the claimant in O.P. (MV)No.2190/2012 and the 1[st] respondent in O.P. (MV)No.1481/2016, has not chosen to enter appearance. 10. It is now well settled that court should not succumb to the procedural wrangles and tangles, hyper technicalities and niceties. The effort should be to adduce the cause of justice and settle the dispute once for all. In ## **N.K.V.Bros.(P)Ltd. v. Karumai Ammal [(1980)3 SCC** **457]** the Apex Court held that the court should not succumb to niceties, technicalities and mystic maybes. 11. Having considered the submissions made by ## **O.P.(MAC)No.76 of 2018** ## **:-8-:** the learned counsel on both sides and after perusing the documents placed on record along with this original petition, I deem it appropriate to set aside Exts.P7 and P8 orders, thereby allowing I.A.Nos.4631/2018 and 4632/2018. The Tribunal shall proceed with the claim petitions, after affording both sides an opportunity to adduce additional evidence. Since the motor accident is of the year 2012, the Tribunal shall finally dispose of both the claim petitions, expeditiously, within a period of four months from the date of receipt of a certified copy of this judgment. In the result, this original petition is disposed of as above. Sd/- **JUDGE** **ANIL K.NARENDRAN JUDGE** ami/13.9.18 ## **O.P.(MAC)No.76 of 2018** ## **:-9-:** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXT.P1 TRUE COPY OF THE CLAIM PETITION IN O.P. (MV)NO.1481/2016 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED 06/07/2016. EXT.P2 TRUE COPY OF THE CLAIM PETITION IN O.P(MV)NO.2190/2012 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR DATED OCTOBER, 2012. EXT.P3 TRUE COPY OF THE JUDGMENT IN S.T.NO.5750/2012 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE NO.II, THRISSUR DATED 07/02/2015. EXT.P4 TRUE COPY OF THE ORDER IN R.C.NO.31/2013 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE NO.II, THRISSUR DATED 04/01/2018. EXT.P5 TRUE COPY OF I.A.NO.4632/2018 IN O.P(MV).NO.2190/2012 DATED 14/05/2018. EXT.P6 TRUE COPY OF I.A.NO.4631/2018 IN O.P. (MV)NO.2190/2012 DATED 14/05/2018. EXT.P7 TRUE COPY OF ORDER IN IA.NO.4632/2018 IN O.P.(MV)NO.2190/2012 DATED 19/06/2018. EXT.P8 TRUE COPY OF ORDER IN IA.NO.4631/2018 IN OP(MV)NO.2190/2012 DATED 19/06/2018.** **//TRUE COPY//** **P.A.TO JUDGE** **ami/**