IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 15193 of 2010(Y) -------------------------- PETITIONER(S): --------------- V.J.THOMAS, AGED 46 YEARS, S/O.JOSEPH, RESIDING AT VADUTHALAKALAM HOUSE, VAZHANPURAM, MANNARKKAD PALAKKAD DISTRICT (RC OWNER OF JEEP NO.KLL - 5730). BY ADV. SMT.P.K.RADHIKA RESPONDENT(S): --------------- 1. THE DEPUTY TAHSILDAR, MANNARKKAD TALUK. 2. VILLAGE OFFICER, OF KARAKURUSSI VILLAGE OF MANNARKKAD TALUK. ADDL. 3. SHBHASHNI, AGED 23, YEARS, W/O.LATE RADHAKRISHNAN, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 4. SUVARNNA (MINOR) AGED 5 YEARS, REPRESENTED BY HER MOTHER SUBHASHNI, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 5. MARIMUTHU, AGED 61 YEARS, S/O.CHAMY, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 6. DEVAYANI, AGED 55 YEARS, W/O. MARIMUTHU, RESIDING AT THIRUTHAMPADAM, POTTUNDY POST, PALAKKAD DISTRICT. 7. SANTHOSH, AGED 29 YEARS, S/O.VASU, RESIDING AT PULIKKAL HOUSE, VEETTIKKAL, KORANCHERA POST, VADAKKANCHERY, ALTHUR TALUK, PALAKKAD DISTRICT (DRIVER OF JEEP NO.KLL 5730) DL. NO.BADGE NO.1327/95 PO. 8. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICER, M.A. LINE T.B.ROAD. ADDL. RESPONDENTS 3 TO 8 ARE IMPLEADED AS PER ORDER DATED 27-6-2011 IN I.A. NO.6435 OF 2010 ADV. SRI.PMM.NAJEEB KHAN FOR R6 SRI.LIJU M.P. FOR R7 ADV. SRI.PMM.NAJEEB KHAN FOR R8 GOVERNMENT PLEADER SMT. R. BINDU FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: I.A. No. 6774 of 2011 IN W.P.(C) No. 15193/2010 DISMISSED. SD/- A.K.BASHEER, JUDGE. 27-6-2011 SD/- P.Q.BARKATH ALI, JUGE. APPENDIX PETITIONER'S EXHIBITS:- P1: A TRUE COPY OF THE INSURANCE POLICY. P2: A TRUE COPY OF THE MOTOR ACCIDENT CLAIM APPEAL P3: A TRUE COPY OF THE RECEIPT. P4: TRUE COPY OF THE DEMAND NOTICE P5: TRUE COPY OF THE AFFIDAVIT IN THE REVIEW PETITION. P6: TRUE COPY OF THE RECEIPT WITH REGARD TO DEPOSIT OF RUPEES 75000 DATED 24-6-2010. A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 15193 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 27th day of June, 2011 JUDGMENT Barkath Ali, J. Petitioner is the first respondent in O.P.(MV) No. 1306/2000 on the file of the Motor Accidents Claims Tribunal, Palakkad. He is the owner of the jeep bearing registration No.KL-9B 5730. On December 24, 1999 while deceased Radhakrishnan was riding his scooter bearing registration No.KL-9B 7613 Ayinampadam to Nemmara, he was knocked down by the jeep of which the second respondent was the driver. Radhakrishnan sustained serious injuries and he succumbed to the injuries sustained while undergoing treatment in the hospital. Alleging negligence of the second respondent, the claimants filed the O.P. before the Tribunal under section 166 of the Motor Vehicles Act claiming a compensation of ` 7,00,000/-. 2. Respondent Nos.1 to 3 in the O.P. are the owner, driver and insurer of the offending jeep. The Tribunal by W.P.(C) No. 15193/2010 2 award dated April 11, 2007 awarded a compensation of ` 3,46,000/- with interest @ 6% per annum from the date of petition till realization against respondents 1 and 2. The Tribunal exonerated the third respondent Insurance Company on the ground that the offending vehicle was not covered by a valid insurance policy at the time of the accident. Now at the request of the claimants, revenue recovery proceedings are initiated by the respondents against the petitioner, which is challenged this writ petition. 3. It is alleged in the petition that the offending vehicle was insured with a valid insurance policy at the time of the accident, that the petitioner has filed M.A.C.A. No.2980/2009 against the award and that, therefore, revenue recovery proceedings initiated against the petitioner as per order Ext.P4 may be quashed. 4. Heard the counsel for the petitioner and the Government Pleader appearing for the respondents. 5. By a separate judgment dated this day in M.A.C.A. No.2980 of 2009 we have found that the offending vehicle W.P.(C) No. 15193/2010 3 was covered by a valid insurance policy at the time of the accident and directed the third respondent in the O.P. the Insurance Company to satisfy the award. In the light of the said judgment, all proceedings initiated under Ext.P4 demand notice are quashed. The writ petition is disposed of as found above. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.