IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27310 of 2009(G) -------------------------- PETITIONER: --------------- ABDUL AZEEZ, S/O. K.KUNHAMAD, MUTTAMMAL, AMBALATARA VILLAGE, P.O.ACHIKANAM, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENTS: --------------- 1. THE BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, RAHMATH COMPLEX, KOTTACHERRY, KASARAGOD DISTRICT. 2. THE SPECIAL DEPUTY TAHSILDAR (RR), HOSDURG, P.O., KANHANGAD, KASARAGOD DISTRICT. R2 BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: shg/ C.K. ABDUL REHIM, J - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 27310 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of September, 2009 J U D G M E N T 1. The petitioner is aggrieved by steps for recovery initiated under the Ext.P2 notice, in pursuance of execution of an Award of the Motor Accident Claims Tribunal, Kasaragod, in O.P. (MV) No.150/2004 and 151/2004. The petitioner is the driver of motor vehicle which involved in the accident, pertaining to which the claims have arisen before the Tribunal. The petitioner remained ex-parte in the proceedings. The Tribunal, having found that there was no valid driving license held by the petitioner on the date of accident, permitted the 1st respondent insurance company to recover the amount of compensation from the petitioner, after effecting payment to the claimant. It is submitted that the petitioner came to know about the award only when steps for execution was initiated against him at the instance of 1st respondent insurance company and when notice in the W.P.(C)No. 27310 of 2009 -2- revenue recovery proceedings was received. Eventhough he had filed I.A. No.458/2009 and 457/2009 in O.P. (MV) No. 151/2004, to set aside ex-parte award along with application for condonation of delay, those applications were dismissed by the Tribunal. It is submitted that the petitioner is taking steps to file appeal against the award and the order issued on the above said IAs. Complaint of the petitioner is that coercive steps are now being threatened pursuant to Ext.P2 notice, even before the petitioner could get certified copies of the orders, dismissing the IAs. It is further submitted that the claimants in the cases have already received the amount of compensation, as deposited by the 1st respondent insurance company. Under such circumstances the petitioner is seeking directions to keep in abeyance the recovery steps for reasonable time, in order to facilitate to file appeal against the award and the orders in the IAs. 2. Having considered the facts of the case and in view of the order which I am proposing to issue, issuance of W.P.(C)No. 27310 of 2009 -3- notice to the 1st respondent is dispensed with. I find it only just and proper in the interest to direct the respondents to keep in abeyance all coercive steps of recovery for a short period for facilitate the petitioner to file appeal before this court and to seek appropriate reliefs, including stay against execution of the award. 3. In the result, the Writ Petition is disposed of directing the respondents to keep in abeyance all further steps of recovery pursuant to Ext.P2 notice for a period of three weeks from today, in order to facilitate filing of appeal by the petitioner against the Award in the claim petitions and against the dismissal of the IAs. by the Tribunal. C.K. ABDUL REHIM JUDGE shg/