IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 19698 of 2011(J) --------------------------------- PETITIONER(S): ------------------- ASHFAK SHEIK,S/O.S.A.LATHEEF, ASHFAK MANZIL,KARIPODY ROAD,KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): -------------------- 1. BALAN @ BALAKRISHNAN,AGED 52 YEARS, S/O.KUNCHADU,BRAMANGALAM HOUSE,NOCHULLI, KUZHALMANNAM.P.O,PALAKKAD DISTRICT-678001. 2. RAEES EBRAHIM DARVESH,AKASH APARTMENTS, 2ND FLOOR,FLAT NO.3,SANE GURUJI MARG,AGRIPADA MUMBAI-400 011. 3. M/S.NATIONAL INSURANCE CO.LTD,DIVISIONAL OFFICE XIII,THE INTERNATIONAL 2ND FLOOR, NEW MARINE LINES,CHURCH GATE,MUMBAI-400020. 4. THE TAHSILDAR,KASARAGOD-671121. R4 BY GOVT.PLEADER SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 19698/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE AWARD IN OP(MV)832/99 OF MACT, KASARAGOD. P2: COPY OF THE NOTICE IN FORM NO.2 ISSUED BY THE 4TH RESPONDENT. P3: COPY OF SALE NOTICE ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S.SIRI JAGAN, J. ================== W.P.(C).No. 19698 of 2011 ================== Dated this the 28th day of July, 2011 J U D G M E N T The petitioner is a driver of a vehicle, which met with an accident, which gave raise to O.P(MV.)No.832/1999 before the Motor Accidents Claims Tribunal, Kasargod. The Tribunal passed Ext.P1 award directing the insurance company to pay an amount of ` 1,20,600/- with 9% interest to the injured. The 3rd respondent insurance company challenged the award in an appeal and this Court exonerated the 3rd respondent from the liability, as a result of which, the petitioner, who was the driver of the vehicle and the owner of the vehicle, became liable to satisfy the award. The petitioner contends that the vehicle has already been attached and if the same is sold, the amount directed to be paid can be realised. The petitioner complains that there is delay in completing the sale proceedings and realising the amounts due. The petitioner, therefore, seeks the following relief: “writ of mandamus or any appropriate writ order or direction, commanding the 4th Respondent to conduct sale of the property by name (sic) the vehicle, notified for sale as per Ext.P3, as expeditiously as possible and realize the sale proceeds and deposit it before the Motor Accidents Claims Tribunal, Kasargode.” Having heard the learned Government Pleader also, I direct the 4th respondent to complete proceedings for recovery by sale of the vehicle in question, as expeditiously as possible, at any rate, within w.p.c.19698/11 2 one month from the date of receipt of a certified copy of this judgment. If the sale proceeds of the vehicle are not sufficient, it would be open to the 4th respondent to take recourse to other proceedings against the owner and the driver for recovery of the balance amount. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge