IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 8726 of 2003(L) ---------------------- PETITIONER: ------------ K.PRAKASH, S/O. RAGHUVEERA RAO, RESIDING AT BADIYADKA, PERDALA VILLAGE, PERDALA P.O., KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.T.P.ELDHO RESPONDENTS: ------------- 1. TAHSILDAR, (REVENUE RECOVERY), KASARAGOD. 2. THE ORIENTAL INSURANCE CO. LTD., KASARAGOD, REPRESENTED BY ITS ADMINISTRATIVE OFFICER (LEGAL CELL), REGIONAL OFFICE, M.G.ROAD, ERNAKULAM. R1 BY G.P. SMT.N.SUDHADEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DEMAND NTOCE DT.5.2.2003 ISSUED U/S.7 OF THE RR ACT. P2: TRUE COPY OF DEMAND NOTICE DT.5.2.2003 ISSUED U/S.34 OF THE RR ACT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. No.8726 of 2003 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT The O.P. is filed challenging recovery proceedings for recovery of compensation awarded by the Motor Accidents Claims Tribunal. It is on record that Insurance Company filed an appeal against the MACT's award based on which recovery is initiated against the petitioner. In any case challenge against revenue recovery itself is not maintainable without challenge against the award. However, petitioner is granted three months time from today to clear the arrears. If award is modified in appeal, petitioner can claim consequential relief. However, no collection charges should be recovered from the petitioner if he makes payment as above. The O.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms