Jaseentha, W/O. Devasahayam v. Sajan, C/o. Prathap P. Daniel
2019-11-04
ANIL K.NARENDRAN
body2019
DigiLaw.ai
ORDER : The appellant is the claimant in O.P.(MV) No.1396 of 2001 on the file of the Motor Accidents Claims Tribunal, Kallam, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the injuries sustained in a motor accident, which occurred on 10.05.2001, involving a mini lorry bearing registration number KL-4/F-4392, driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. The Tribunal, by a common award dated 24.04.2008 in D.P. (MV)No.1396 of 2001 and connected cases, dismissed the claim petitions on the ground that the claimants failed to prove negligence alleged against the 1st respondent, who is the driver of the mini lorry. As it was proved that the accident took place because of skidding of Tata Sumo vehicle bearing registration No.KL-Ol/S042 driven by the 4th respondent, owned by the 5th respondent and insured with the 6th respondent, in which the claimants were travelling, no negligence can be attributed against the 4th respondent. The award passed by the Tribunal is under challenge in this appeal. 2. On 20.01.2011 consolidated notice in the delay condonation application as well as in the appeal was ordered to the respondents by speed post. Service of notice is not complete on the 1st respondent as the proof of delivery card returned without signature. Pursuant to the order of this Court dated 03.10.2019, the proof of delivery card of the notice sent to the pt respondent by speed post is incorporated in the Judge's papers. 3. The learned Assistant Solicitor General of India, who appeared pursuant to the order of this Court dated 11.10.2019, placed reliance on Rules 64 and 66B of the Indian Post Office Rules, 1933. 4. As per sub-rule (1) of Rule 64, if the sender of a registered article pays at the time of posting the article a fee of rupee three in addition to the postage and registration fee, there shall be sent to him on the delivery of the article a form of acknowledgement which shall be signed in ink by the addressee or his duly authorised agent or if the addressee refuses to so sign shall be accompanied by statement to the effect that the addressee or his duly authorised agent has refused to so sign. 5.
5. As per the proviso to sub-rule (1), no fee shall be payable in respect of a registered 'Blind Literature” packet for which an acknowledgement is required. As per sub-rule (2) of Rule 64, no article for which an acknowledgement is required under sub-rule (1) shall be accepted for registration unless it bears the name and address of the sender and is accompanied by a prescribed form of acknowledgement duly filled in and securely fastened to such article, and unless the article bears the superscription Acknowledgement Due on the address side. 6. Rule 66B of the Indian Post Office Rules deals with Inland Speed Post Service. As per sub-rule (1) of Rule 668, inland postal articles may be booked after obtaining receipts therefore, at the places specified in column (1) of the Schedule below the said sub-rule and at the Post Offices specified in the corresponding entries in column (2) of the said Schedule, for delivery under the Inland Speed Post Service, subject to the conditions enumerated in clauses (l) to (8). As per sub-clause (iv) of clause (2), proof of delivery charges for speed post articles shall be rupees ten per speed post article, in addition to speed post charge. As per clause (3) of sub-rule (1), articles for booking under Inland Speed Post Service shall prominently bear on the front, the superscription 'Inland Speed Post' and shall also bear the name and address of the sender, in addition to that of the addressees, including pin codes of the post offices of delivery serving the addressee and the sender and their telephone number, if any. 7. The provisions under Rule 64 and Rule 66B of the Indian Post Office Rules make it explicitly dear that the 'registered postal articles' and the 'acknowledgement cards'; or the 'inland speed post articles' and the 'proof of delivery cards' should bear the name and complete address of the addressee and that of the sender. 8. Chapter IV of the Rules of the High Court of Kerala, 1971 deals with service of notices. As per sub-rule (1) of Rule 51, unless otherwise ordered, every notice shall be sent, in the first instance, to the address of the respondent given in the memorandum of appeal or petition, as the case may be, by means of registered post, acknowledgment, prepaid.
As per sub-rule (1) of Rule 51, unless otherwise ordered, every notice shall be sent, in the first instance, to the address of the respondent given in the memorandum of appeal or petition, as the case may be, by means of registered post, acknowledgment, prepaid. An acknowledgment purporting to be signed by the respondent shall be deemed to be sufficient proof of service of such notice. As per sub-rule (2) of Rule 51, where the postal article containing the notice is received back by the Court with an endorsement purported to have been made by a postal employee to the effect that the respondent or his agent had refused to take the delivery of postal article containing the notice when tendered to him, the Court shall declare that the notice had been duly served on the respondent. Going by the proviso to sub-rule (2) of Rule 51, where the notice was properly addressed, prepaid and duly sent by registered post, acknowledgment due, the declaration referred to in sub-rule (2) shall be made notwithstanding the fact that the acknowledgment having been lost or mislaid or for any other reason, has not been received by the Court with in thirty days from the date of issue of the notice. 9. In Sali Mohan v. Kolazhi Grama Panchayath, Thrissur and others [ 2015 (4) KHC 261 : 2015 (3) KLT 799 ] this Court held that a postal article with incomplete or indefinite address, without specifying some definite place for delivery, such as a particular house or building, or a particular post box, or a particular number in a street, along with the name of the locality where the addressee resides or carries on business or employed, cannot be termed as one ‘properly addressed' in order to draw a presumption as to service of document by post, under Section 27 of the General Clauses Act, 1897 or Section 26 of the Interpretation and General Clauses Act, 1125, or under Section 16 or Section 114 of the Evidence Act, 1872. This Court held further that, for drawing a presumption under the proviso to sub-rule (2) of Rule 51 of the Rules of the High Court of Kerala, 1971 that the notice had been duly served on the respondent, one of the essential circumstances is that the notice was ‘properly addressed'. 10.
This Court held further that, for drawing a presumption under the proviso to sub-rule (2) of Rule 51 of the Rules of the High Court of Kerala, 1971 that the notice had been duly served on the respondent, one of the essential circumstances is that the notice was ‘properly addressed'. 10. In Sali Mohan's case (supra) it was noted that, this Court vide Notification No.Al-14065/2007 dated 09/10/2007 has instructed that, the actual postal address of the parties, with correct pin code, should be shown in all proceedings filed in this Court and that, no proceedings shall be received without such actual postal address. The said notification was issued, when this Court noted that, the address of the parties given in the memorandum of writ petition, appeal, etc., are not the actual address, as a result of which, the notice and other articles sent by post in such address are returned by the Postal Department stating that ‘addressee not known'. 11. In the instant case, the proof of delivery card of the notice sent to the 1st respondent by speed post, which is incorporated in the Judge's Papers, pursuant to the order of this Court dated 03.10.2019, does not bear the complete address of the addressee and also the sender. 12. The Registry shall ensure strict compliance of Rule 64 and Rule 66B of the Indian Post Office Rules in respect of notices sent to the respondents, under Rule 51 of the Rules of High Court of Kerala, by registered post or by speed post, by ensuring that the postal articles and also the acknowledgement cards/proof of delivery cards bear the complete address of the addressee and the sender, including the pin codes of the post offices of delivery serving the addressee and the sender. 13. The Chief Postmaster General, Kerala Circle shall take necessary steps to ensure that the acknowledgement cards of the notices sent, under Rule 51 of the Rules of High Court of Kerala, by registered post, and the proof of delivery cards of notices sent by speed post, contains a proper acknowledgement made by the addressee or his duly authorised agent; or if the addressee or his duly authorised agent refused to sign, a statement to that effect, as per the statutory mandate. 14. Issue a copy of this order to both sides and also to the learned Assistant Solicitor General of India. 15.
14. Issue a copy of this order to both sides and also to the learned Assistant Solicitor General of India. 15. The Registry shall communicate a copy of this order to the Post Master GeneraJ, Kerala Circle, Office of the Chief Post Master General, PMG Junction, Near Planetarium, Thiruvananthapuram, Pin - 695 033. 16. Learned counsel for the appellant would submit that the appellant shall take fresh steps to send notice to the 1st respondent. 17. Steps to be taken within one week from the date of receipt of a copy of this order. Post after a week.