IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 2175 of 2010(V) ------------------------- OPMV.1235/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA .................... PETITIONER: --------------- THAHA.T.S, THUNDIPARAMBU, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER HAFSATH, W/O.THAHA, THUNDIPARAMBU, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY THAHSILDAR (RR), KUTTANAD, ALAPPUZHA. 3. THE VILLAGE OFFICER, THAKAZHI VILLAGE OFFICE, THAKAZHI. 4. THE BRANCH MANAGER, NATIONAL INSURANCE COMPANY, NEAR Y.M.C.A., ALAPPUZHA. 5. SHAREEF, S/O.MOHAMMED KUNJU, VADAKKE KOYIPURATH (MANGATTIL LAKSHAM VEEDU), WARD NO.III, THAKAZHI PANCHAYATH. 6. LIZZY, W/O.JOSEPH, JO BHAVAN, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT. R4 BY ADV. SMT.SARAH SALVY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 2175 OF 2010 ......................................................................... Dated this the 23rd March , 2010 J U D G M E N T The petitioner was the owner of the motor cycle bearing No.KL-4/C 7041, which met with an accident causing injuries to the person/6th respondent, who filed the claim petition O.P.(MV) No.1235 of 1998 before the M.A.CT, Alappuzha. The Tribunal passed final award as borne by Ext.P3, directing the insurer to satisfy the liability with liberty to have it realised later from the owner, in view of violation of the policy/statutory conditions. The petitioner is aggrieved of recovery proceedings initiatied at the instance of the 4th respondent/insurer and it is under challenge. 2. The learned Counsel for the petitioner submits that the ownership and possession of the vehicle was transferred by the petitioner to his brother/5th respondent, before leaving to Saudi Arabia, in connection with his employment. It was at this point W.P.(C) No. 2175 OF 2010 2 of time, that the accident occurred . The learned Counsel for the petitioner submits that the petitioner might be permitted to clear the liability by way of reasonable installments. It is also brought to the notice of this Court that pursuant to the interim order passed by this Court on 22.01.2010, the condition imposed by this Court has been satisfied and that the balance amount is around Rs.25,000/-, which is sought to be cleared by way of reasonable installments. 3. Heard the learned Government Pleader as well as the learned Counsel for the 4th respondent. 4. After hearing both the sides, this Court finds that the petitioner can be given some breathing time to clear the liability. Taking note of the nature of the liability and quantum involved and also the plight of the petitioner as described in the Writ Petition, the petitioner is permitted to clear the liability by way of four equal monthly installments, the first of which shall be cleared on or before 31.03.2010 to be followed by similar installments to be effected on or before the 30th of the succeeding months. W.P.(C) No. 2175 OF 2010 3 5. It is made clear that if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to proceed with further coercive steps for realisation of the amount in a lump sum from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk