IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 OP.No. 44 of 2003(E) -------------------- PETITIONER: ----------------- M.P.IBRAHIM, S/O. POCKER HAJEE, HOUSE NO.VII/600, SADIGALA, BEJJA, MAJBAIL VILLAGE, MANJESHWAR, KASARAGOD TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.K.A.LALAN RESPONDENTS: ---------------------- 1. THE TAHSILDAR (REVENUE RECOVERY), KASARAGOD. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., P.B.NO.97, JUBILEE SQUARE SHOPPING COMPLEX, HOSPITAL ROAD, TELLICHERRY. 3. N.SANJEEVAN, NADUNKANDAYIL HOUSE, COLLEGE ROAD, MATTANNUR, TELLICHERRY. 4. YATHEESH, AGED 16 YEARS, KAWDOOR HOUSE, S/O. MARAPPA @ SADHASHIVA BHANDARY, VIA. MANJESHWAR, P.O. MOODAMBAIL, KASARAGOD TALUK. 5. MARAPPA @ SADASHIVA BHANDARY, S/O.LATE KINHANNA BHANDARY, KAWDOOR HOUSE, P.O. MOODAMBAIL, VIA. MANJESHWAR,KASARAGOD TALUK. (AS NEXT FRIEND OF MINOR 4TH RESPONDENT). BY ADV. SRI.C.K.SREEJITH FOR R3 SRI.A.R.GEORGE FOR R2 R1 GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/09/2008, ALONG WITH OP NO. 6051 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.52/2003 IN OP.NO.44/2003 ---------------- DISMISSED 1/9/2008 Sd/- P.R.RAMAN, JUDGE. APPENDIX PETITONER'S EXTS: EXT.P1 TRUE COPY OF THE AWARD IN OP.(MV)NO.43/98 DTD. 2/8/2001 BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KASARAGOD. EXT.P2 TRUE COPY OF THE DEMAND NOTICE DTD. 12/11/2002 ISSUED BY THE IST RESPONDENT. P.R.RAMAN, J. --------------------------- O.P.NO.44 & 6051 OF 2003 ---------------------------- DATED THIS THE 1ST DAY OF SEPTEMBER,2008 JUDGMENT Both these writ petitions arise out of the same award of the M.A.C.T. Amount awarded was sought to be recovered from the petitioners herein as part of the compensation payable as per award in O.P.(MV) No.43/98 on the file of the Motor Accidents Claims Tribunal, Kasaragod. An amount of Rs.1,58,870/- is said to be due with interest thereon and DD commission, as evidenced by Ext.P2. It is contended that as per Ext.P1 produced along with O.P.No.44/2003, which is the copy of the award in the said case, initial burden is on the Insurance Company to deposit the amount awarded by way of compensation to the claimants and the 4th respondent in the said case is allowed to realise the amount from respondents 2 and 3, after depositing the award amount in court. Thus, this is a case where there is violation of policy conditions; but the Insurance Company was asked to deposit the amount -2- O.P.No.44 & 6051/2003 enabling them to realise the same later from the owner and also the driver. It is towards such recovery that revenue recovery proceedings were initiated. 2. Having due regard to the fact that there may not be any doubt that the petitioners' liability is beyond dispute, the ultimate liability is on the petitioners, though the amount is initially to be deposited by the Insurance Company. Therefore, there is no merit in the contention raised in these original petitions. I do not find any illegality in recovering the amount based on the award, Ext.P1, so long as the award has become final. However, it is submitted by the learned counsel appearing for the parties that during the pendency of the original petitions the claim has been satisfied. The learned Government Pleader also submits that the amount has since been deposited. If so, there is no need to proceed with the revenue recovery notice now issued. The same is recorded and the original petitions are closed. Whatever amount deposited before the M.A.C.T. -3- O.P.No.44 & 6051/2003 pursuant to the recovery made is allowed to be withdrawn by the Insurance Company provided they had initially deposited the amount as awarded. P.R.RAMAN, Judge. kcv.