IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 34403 of 2008(U) -------------------------- OPMV.1352/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER(S): --------------------- M.K.RAMAKRISHNAN, AGED 52 YEARS, S/O.KUTTAN, MUTTATHARA HOUSE, PAIMATTOM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.ELDHO PAUL SMT.TESSY JOSE RESPONDENT(S): ----------------------- 1. THE VILLAGE OFFICER, KUTTAMANGALAM VILLAGE, PAIMATTOM KARA. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM. ADDL. R3 TO R6 IMPLEADED. 3. SHAMLA, W/O. SHAJI, AGED 38 YEARS, KARIKKUZHIYIL HOUSE, PAINGOTTOOR KARA, KADAVOOR VILLAGE. 4. THE NEW INDIA ASSSURANCE CO. LTD, MUVATTUPUZHA. 5. YOUSUFF, S/O. ABDUL RAHMAN, KAROTHUKUZHY HOUSE, KANDAMTHARA KARA, VENGOLA VILLAGE. 6. THE UNITED INDIA INSURANCE CO. LTD., P.O. KOCHI. ADDL. R3 TO R6 IMPLEADED AS PER ORDER IN I.A.15297 OF 2008 ON 4.12.2008. R1 & R2 BY GOVT. PLEADER SRI. BEJOY CHANDRAN. ADDL. R6 BY ADV. SMT. P.A. REZIYA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 34403/2008 APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE MACT, MUVATTUPUZHA DATED 3.12.2007 INCLUDING O.P.(MV) 1352/2004. EXT. P2 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO SET ASIDE THE EXPARTE AWARD DATED 16.6.2008. EXT. P3 : TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DATED 28.10.2008. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.34403 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of December, 2008 JUDGMENT Petitioner is aggrieved by the demand notice served on him pursuant to Ext.P1 award of the Motor Accidents Claims Tribunal, Muvattupuzha. Petitioner is the owner of a jeep. Claims were raised in connection with an accident involving the jeep. Ext.P1 is the judgment. Petitioner was set ex-parte. He was found liable to pay compensation. Insurance Company, namely the fourth respondent, was directed to pay the larger amount and the recovery was allowed from the petitioner. Petitioner filed Ext.P2 application to set aside the ex-parte decree. It is stated that it stands posted to 5.1.2009. Now the petitioner is served with Ext.P3 notice. 2. Though notice was taken out by messenger, there is no appearance for the fourth respondent. I feel that in the circumstances of the case, recovery proceedings can be directed to be kept in abeyance for some time, so that petitioner can take steps in the application filed for setting aside the ex-parte award, in which, he submits that there is an application for condonation of delay. WPC. 34403/2008. 2 In such circumstances, recovery pursuant to Ext.P1 will be kept in abeyance for a period of three months from today. The writ petition is disposed of as above. (K.M. JOSEPH, JUDGE) sb