IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 W.P(C).No. 10987 of 2008(G) ---------------------------------- OPMV.1159/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY ............................................... PETITIONER: -------------- SHAJI LUKOSE, S/O.LOOSE, PUTHENPRAKKAL HOUSE, BALAPURAM, THADIKKADAVU POST, CHAPPARAPADAVU VIA THALIPARAMBA, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENTS: ----------------- 1. THE SPECIAL TAHSILDAR, THALIPARAMBA TALUK, THALIPARAMBA TAKLUK, THALIPARAMBA, KANNUR. 2. THE ORIENTAL INSURANCE COMPANY REPR. BY ITS MANAGER MAREENA SHOPPING COMPLEX, THALIPARAMBA, KANNUR. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 10987 OF 2008 G ==================== Dated this the 2nd day of April, 2008 J U D G M E N T In this writ petition, petitioner being the owner of a Motor Bike involved in an accident, was the 1st respondent in OP(MV) No.1159/00 before the MACT, Tellichery. According to the petitioner, he did not have any notice from the MACT and he did not have any knowledge of the proceedings before the Tribunal. However, the petitioner came to know of the proceedings, when he was served with Exts. P1 and P2 recovery notices for recovering compensation awarded. It is stated that thereupon the petitioner made enquiries and came to know the details of the proceedings before the MACT and the Award that has been passed, making him liable to reimburse the compensation to the Insurance company on the basis of which recovery was attempted. Petitioner submits that the award passed is illegal and he wants to challenge the same by filing an appeal. However, in view of the revenue recovery proceedings, he is now compelled to pay the entire amount to the Insurance company. 2. If as a matter of fact, recovery proceedings have been WPC 10987/08 :2 : initiated in the circumstances as stated by the petitioner, it is only natural that the petitioner wants to pursue the matter in appeal. In order to enable the petitioner to do so, I direct that further proceedings pursuant to Exts. P1 and P2 shall be deferred for a period of two months from today, on condition that the petitioner remits 1/3rd of the amount due thereunder. It is directed that during the two months, unless the petitioner succeeds in obtaining any stay of the award, it will be open to the respondents to continue the recovery proceedings now initiated. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp