VEERAMANI vs MANOJ.M
- Court
- Kerala High Court
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OP (MAC) NO. 131 OF 2026 : 1 :
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TH
MONDAY, THE 14 DAY OF SEPTEMBER 2026 / 23RD BHADRA, 1948
OP (MAC) NO. 131 OF 2026
AGAINST THE ORDER DATED IN UNNUMBERED O.P. NO.121647
OF 2026 OF MOTOR ACCIDENT CLAIMS TRIBUNAL , PALAKKAD
PETITIONER:
VEERAMANI, AGED 25 YEARS
S/O. KALIAMMAL, PUZHAPPALAM,
NEAR SIVAN KOVIL, CHITTUR COLLEGE PO,
PALAKKAD, KERALA, PIN - 678104
BY ADVS.
SMT.STEFFY V.J.
SMT.PRAJISHA M.
RESPONDENTS:
1 MANOJ.M
S/O.MANI, THEMPALLAM HOUSE, PALLASSANA,
PALAKKAD, KERALA, PIN - 678505
2 SHRIRAM GENERAL INSURANCE CO LTD.
DOOR NO.25/658(9), FRIENDS CORNER, 2ND FLOOR,
OPPOSITE TO LAKSHMI HOSPITAL PALAKKAD, KERALA,
REPRESENTED BY ITS MANAGER, PIN - 678013
THIS OP (MAC) HAVING BEEN FINALLY HEARD ON
14.09.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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“CR”
JUDGMENT
The petitioner filed Ext.P1 claim petition
under Section 166 of the Motor Vehicles Act, 1988,
before the Motor Accidents Claims Tribunal, Palakkad
(hereinafter referred to as ‘the Tribunal’) on
31.03.2026, seeking compensation for the personal
injuries sustained by him in an accident that occurred
on 13.11.2025. In Ext. P1, under the head ‘List of
Documents’, the petitioner has stated that “the
petitioner’s Aadhaar Card and PAN Card will be
produced at the time of evidence.” The claim petition
was found defective by the Tribunal on scrutiny and
was returned on 24.04.2026 with the endorsement
“Copy of Aadhaar and PAN Card not seen produced.”
The petitioner resubmitted the claim petition on
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05.05.2026 stating that the Aadhaar and PAN Card
will be produced within two weeks. However, the
Tribunal again returned the claim petition stating that
the order dated 24.04.2026 is not seen complied with.
Each time the claim petition is resubmitted seeking
time to cure the defect noted, it is returned with the
endorsement that the order dated 24.04.2026 is not
seen complied with. After the claim petition was
returned on 04.08.2026 with the same endorsement,
the petitioner filed this Original Petition under Article
227 of the Constitution of India on 18.08.2026 seeking
a direction to the Tribunal to number the claim
petition and to permit him to produce copies of his
Aadhaar Card and PAN Card before the pre-trial
steps.
2. The petitioner states that the non-
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production of copies of the Aadhaar Card and PAN
Card at the stage of filing the claim petition cannot be
treated as a defect warranting the indefinite
withholding of the numbering of the claim petition.
3. This Court, by order dated 07.09.2026,
called for a report from the Tribunal as regards the
un-numbered claim petition. The report of the
Tribunal dated 10.09.2026 is on board and reads as
follows:
“The unnumbered Claim
petition U/s 166 of Motor Vehicle Act
under reference, was presented before
this Tribunal on 31.03.2026, for the
injury sustained to the petitioner
Veeramani in a Road Traffic Accident
occurred on 13.11.2025. Copies of the
Aadhar and Pan Card of the petitioner
were not produced at the time of filing.
In Circular No.1/2025 dated 19.09.2025
of the Hon'ble High Court of Kerala, it
was directed that in addition to existing
particulars as required under the Kerala
Motor Vehicle Rule 1989, the Aadhar
Number, PAN details and email ID if any
of all the petitioners seeking
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compensation including the injured
persons legal heirs/legal representatives
of the deceased victim, or the owners of
damaged property as the case may be,
shall also be incorporated in the claims
petitions. In obedience to the above
Circular the claim petition filed by
Sri.Veeramani was returned stating
’copy of Aadhar and Pan card not seen
produced. Resubmit within 2 weeks,
after curing the defect’.
I may further submit that on
01.08.2026 the above petitioner Sri.
Veeramani resubmitted the above
petition with an affidavit stating the
reason for not filing the copy of the
Aadhar card of petitioner with the claim
petition and the above claim petition
was taken on file and numbered as
OP(MV)2025/2026. The above OP(MV)
2025/2026 now stands posted to
30.12.2026, for Return of Notice.”
4. This Court has issued Circular No.1/2025
dated 19.09.2025 laying down the procedures to be
followed by all the Motor Accidents Claims Tribunals,
both before and after passing an award. The relevant
portion of the Circular reads as follows:
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“ In supersession of the High Court
Circular No. 1/2024 Ref: (1) above and in
compliance with the directions issued by
the Honourable Supreme Court in the
orders Ref. (2) above and judgment Ref.
(3) above, the following procedure is laid
down for being followed by all the Motor
Accidents Claims Tribunals in the State of
Kerala and the Union Territory of
Lakshadweep, with effect from the date of
this Circular.
PROCEDURE BEFORE PASSING THE FINAL
AWARD
1.(a) All the Motor Accidents Claims
Tribunals shall ensure that at the time of
filing the claims petition, in addition to the
existing particulars as required under the
Kerala Motor Vehicles Rules, 1989, the
Aadhaar Number, PAN details and e-mail
1D, if any, of all the petitioners seeking
compensation including the injured
persons, legal heirs/legal representatives
of the deceased victim, or the owners of
damaged property, as the case may be,
shall also be incorporated in the claims
petitions.
(b) Such particulars shall also be furnished
by any person seeking impleadment in the
claims petition as a supplemental/
additional petitioner.
(c) The Tribunal shall register and number
the claims petition, even though the details
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as mentioned in clause 1(a) are not
furnished at the time of filing.
(d) In a claims petition, where the details
as mentioned in clause 1(a) are not
furnished, the Tribunal shall direct the
issuance of notice subject to the
claimant(s) furnishing the same within a
reasonable time as specified by the
Tribunal. No interim award/order shall be
made before the details are furnished.
Note: The office shall not send notice until
and unless the direction of the Tribunal
regarding the furnishing of such
particulars is complied with.
xxx xxx xxx”
5. Clause 1(c) of the Circular specifically
provides that the Tribunal shall number the claim
petition, even though the details as mentioned in
clause 1(a) (Aadhaar card, PAN card and e-mail ID)
are not furnished at the time of filing. The Tribunal
cannot refuse to number the claim petition on the
ground that the details of the Aadhaar Card, PAN
Card and e-mail ID were not furnished at the time of
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filing the claim petition.
6. Since it is reported that the Tribunal has
already numbered the claim petition, no further
orders are required in this original petition.
The original petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
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APPENDIX
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE OP(MV) DATED
17.03.2026 BEFORE THE MACT, PALAKKAD
Exhibit P2 TRUE COPY OF THE DOCUMENTS PRODUCED
ALONG WITH THE OP(MV) DATED 17.03.2026
BEFORE THE MACT, PALAKKAD