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. 9688 of 2010(I) ------------------------- OPMV.3411/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THRISSUR .................... PETITIONER: --------------- SANTHOSH KUMAR, AGED 45 YEARS, S/O.SANKUNNY, KARAMATHIL HOUSE, KANIPAYYUR P.O.KUNNAMKULAM, THALAPPILLY TALUK, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR. 2. DEPUTY TAHSILDAR (R.R), TALUK OFFICE, THALAPPILLY, WADAKANCHERY, THRISSUR DISTRICT. 3. NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, KUNNAMKULAM. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. 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. 9688 OF 2010 ......................................................................... Dated this the 23rd March, 2010 J U D G M E N T The petitioner is challenging the steps taken by the respondents 1 and 2 under the relevant provisions of the Kerala Revenue Recovery Act for realisation of the amount stated as due to the 3rd respondent. 2. The factual position as reflected from the Writ Petition is that the petitioner was the registered owner of the motor cycle bearing No. KL-8 P/9311 , which is stated as involved in a motor accident leading to the claim preferred before the M.A.C.T.,Thrissur as O.P.(MV)No. 3411 of 2001 . It is stated that, on conclusion of the trail, the Tribunal awarded compensation of Rs. 52,250/- with interest at the rate of 7% from 26.12.2001 till realisation. However, in view of the specific plea raised from the part of the Insurer that there was violation of policy/statutory conditions, the insurer was directed to satisfy the liability and recover the same from the owner of the vehicle . It is accordingly, that steps have been pursued by W.P.(C) No. 9688 OF 2010 2 the respondent Insurance Company to have it realised from the registered owner, i.e., the petitioner. 3. The learned Counsel for the petitioner submits that the petitioner was not the owner of the vehicle at the relevant time and that the vehicle was actually transferred to one Ibrahim Kutty in the year 2000 by virtue of Ext. P1 sale agreement and hence there is no liability for the petitioner . However, the petitioner did not turn up before the Tribunal and he was set ex parte. The grievance projected in the Writ Petition is that he was never served with any notice from the Tribunal as he was away in Bangalore in connection with his employment . It is further submitted that the petitioner has approached the Tribunal by filing Ext. P4 application seeking to set aside the ex parte order, which is stated as pending consideration before the Tribunal. However, there is no such case, as put forth in the Writ Petition that he was never served with any notice, but for the averment that he was away in Bangalore and hence he could not make arrangements to engage a counsel or to give necessary instructions. This being the position, this Court finds it difficult to W.P.(C) No. 9688 OF 2010 3 accept the version put forth by the petitioner . The learned Counsel for the petitioner submits that the petitioner is ready and willing to satisfy a portion of the liability, to prove his bonafides. 4. Considering the very limited extent of the relief sought for and proposed to be given in this Writ Petition, no separate notice is intended to be issued to the third respondent/Insurer. 5. Considering the facts and circumstances, this Court finds it fit and proper to permit the petitioner to pursue further proceedings by way of Ext. P4 before the M.A.C.T.. However, so as to pursue such exercise, the recovery proceedings stated as being pursued as borne by Ext. P3 shall be kept in abeyance for a period of six weeks, on condition that the petitioner deposits a sum of Rs.Thirty thousand on or before 31.03.2010. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk