IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24717 of 2010(L) -------------------------- PETITIONER(S): --------------- NISSAR, S/O. MOIDEENKUTTY, AGED 31 YEARS POOVATHINGAL VEEDU, PATTAMBI, OTTAPPALAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, PALAKKAD-678001. 2. AUTHORIZED OFFICER, (R.R) REVENUE RECOVERY, OTTAPALAM-679101. 3. THE VILLAGE OFFICER, OTTAPALAM-II VILLAGE, OTTAPALAM, PALAKKAD-679101. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.24717 of 2010-L ---------------------------- Dated this the 6th day of August, 2010. J U D G M E N T The petitioner, who is the owner of the jeep bearing No.KRM 862, was arrayed as the second respondent before the Motor Accidents Claims Tribunal, Ottapalam in O.P(MV) No.86 of 2006. The case of the claimant was that, he sustained injuries in a road traffic accident involving in the said vehicle on 24.11.2004, which hence was sought to be compensated by filing the claim petition against the owner, driver and insurer of the said vehicle (arraying the parties of the other vehicle, a motor cycle, which was also involved in the accident). On conclusion of the trial, the Tribunal passed an award as borne by Ext.P1, whereby the insurer of the jeep was directed to satisfy the same, with liberty to have it realized from the petitioner and the driver of the vehicle, who were shown as the owner and driver of the jeep. 2. The learned counsel for the petitioner submits that, the petitioner has not chosen to challenge the award and that the only relief now pressed before this Court is to grant some breathing time W.P(C) No.24717 of 2010-L 2 to clear the liability towards the insurer. Taking note of the limited relief now pressed before this Court, this Court does not intend to issue notice to the insurer ie. the New Indian Insurance Company, Branch Office, P.O Ottapalam - 679 101, who was the third respondent before the Tribunal in the above proceedings. 3. After hearing, the petitioner is permitted to clear the liability shown in Ext.P2 by way of ‘five’ equal monthly instalments; the first of which shall be effected on or before the 30th of August, 2010, to be followed by similar instalments to be effected on or before the 30th of the succeeding months. Subject to the above, all further coercive proceedings pursuant to Exts.P2 and P3 shall be kept in abeyance, for the time being. It is made clear that, if any default is committed by the petitioner in satisfying the due amount as above, it will be open to the respondents, to proceed with further steps for realization of the entire due amount in a lump sum. 4. The petitioner shall produce a copy of the judgment before the concerned insurer against proper receipt. The Writ Petition is disposed of. P.R.RAMACHANDRA MENON, JUDGE ab