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CDJ 2026 Ker HC 1470 print Preview print Next print
Court : High Court of Kerala
Case No : Op (Mac) No. 131 OF 2026
Judges: THE HONOURABLE MR. JUSTICE MURALI PURUSHOTHAMAN
Parties : Veeramani Versus M. Manoj & Another
Appearing Advocates : For the Petitioner: V.J. Steffy, M. Prajisha, Advocates. For the Respondents: ----
Date of Judgment : 14-09-2026
Head Note :-
Motor Vehicles Act, 1988 - Section 166 -

Comparative Citation:
2026 KER 69037,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 166 of the Motor Vehicles Act, 1988
- Article 227 of the Constitution of India
- Kerala Motor Vehicle Rule 1989
- Circular No.1/2025 dated 19.09.2025
- High Court Circular No. 1/2024

2. Catch Words:
Not mentioned.

3. Summary:
The petitioner filed an claim petition under Section 166 of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Palakkad, but the petition was returned as defective for non‑production of Aadhaar and PAN cards. Repeated attempts to resubmit were rejected on the same ground. The petitioner approached this Court under Article 227 seeking a direction to number the claim petition and to allow production of the documents later. The Tribunal’s report indicated that, in compliance with Circular No.1/2025, the claim petition had eventually been numbered as OP(MV)2025/2026 after the petitioner submitted an affidavit. The Court noted that clause 1(c) of the Circular mandates registration and numbering of a claim petition even if Aadhaar, PAN and email details are not furnished at filing. Since the petition had already been numbered, the Court found no further relief necessary and disposed of the original petition.

4. Conclusion:
Petition Dismissed
Judgment :-

1. 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 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- 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 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:

                  “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 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 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.

 
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