IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 33403 of 2011(A) -------------------------------------- OPMV.212/1996 of MOTOR ACCIDENTS CLAIMS TRIBUNAL, MAVELIKKARA .................... PETITIONER(S): ---------------------- SURESH BABU, SREE RAMA MANDIRAM, THAZHUTHALA, KOLLAM. BY ADVS. SRI.R.KISHORE SRI.ARUN BABU SRI.G.HARIPRASAD RESPONDENT(S): ------------------------- 1. UNITED INDIA INSURANCE COMPANY LTD. REP.BY ITS ASSISTANT DIVISIONAL MANAGER KOTTAYAM-686 001. 2. DEPUTY TAHASILDAR(R.R) KOLLAM-691 001. R2 BY ADV.SRI.S.JAMAL, GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 33403 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1:- THE TRUE COPY OF THE CLAIM FORM DTD 18/9/1995 BY THE PETITIONER BEFORE THE IST RESPONDENT EXT.P2:- THE TRUE COPY OF THE AWARD DTD 24/1/2006 IN OPMV NO.212/1996 IN THE FILE OF THE MACT,MAVELIKKARA EXT.P3:- THE TRUE COPY OF THE LICENSE PARTICULARS OF THE DRIVER ISSUED FROM THE R.T OFFICE ,KOLLAM. EXT.P4:- THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DTD.NIL. RESPONDENT'S EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG S.SIRI JAGAN, J. ================== W.P.(C).No. 33403 of 2011 ================== Dated this the 21st day of December, 2011 J U D G M E N T The petitioner is the owner of a vehicle, which was involved in an accident on 5.9.1995. A person injured in the accident filed O.P(MV). No.212/1996 before the Motor Accidents Claims Tribunal, Mavelikkara. The Tribunal awarded compensation to the injured. Accepting the contention of the insurance company that there was violation of the policy conditions, the insurance company was absolved from the liability. But they were directed to pay the compensation and then recover it from the petitioner. Now revenue recovery proceedings have been initiated for recovery of that amount. The petitioner is challenging the same. According to the petitioner, the petitioner had submitted a claim before the insurance company for damage to the vehicle, in which, the details of the driver and his driving licence have been specifically mentioned. Suppressing the said fact, the insurance company contended before the Tribunal that the driver did not have a valid driving licence. Therefore, according to the petitioner, the petitioner is not liable to make good the amount payable by the insurance company. I am of opinion that without challenging the award, the petitioner cannot challenge the revenue recovery proceedings for recovery of the w.p.c.33403/11 - : 2 :- amounts as per the award. Therefore, without prejudice to the right of the petitioner to challenge the award and seek stay of recovery pending that appeal, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge