IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23573 of 2011(V) -------------------------------------- PETITIONER: ------------------- ABDULLA A.K., S/O.MUHAMMED HAJI, ARUKANDATHIL HOUSE, THAVANUR P.O., AYANKALAM, MALAPPURAM DISTRICT. BY ADV. SRI.KRISHNA PRASAD. S. RESPONDENTS: ------------------------ 1. ORIENTAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE NO.II, 2ND FLOOR, PRAMOD BUILDING, CHEROOTTY ROAD, CALICUT P.O., PIN-673 001. 2. BIJU, S/O.RADHAKRISHNAN, CHALAPPURATH HOUSE, KANDANAKAM P.O., MALAPPURAM DISTRICT-676 505. 3. TAHSILDAR, TALUK OFFICE, PONNANI, PONNANI TALUK, MALAPPURAM DISTRICT-676 505. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, TAVANUR, THAVANUR P.O., MALAPPURAM DISTRICT-676 505. 5. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 BY ADV. SRI. GEORGE CHERIAN, R3 TO R5 BY GOVT. PLEADER SRI. JAMES MATHEW KADAVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.23573/2011-V: APPENDIX PETITIONER'S EXHIBITS: EXT.P.1: COPY OF THE AWARD DTD. 24/07/2010 MADE IN O.P.M.V. NO.61/2009 BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. EXT.P.2: COPY OF THE DISCHARGE SUMMARY DTD. 06/10/2000 ISSUED TO THE PETITIONER. EXT.P.3: COPY OF THE DISCHARGE SUMMERY DTD. 16/01/2009 ISSUED TO THE PETITIONER FROM THE LAKESHORE HOSPITAL, ERNAKULAM. EXT.P.4: COPY OF THE ORDER DTD. 16/03/2011 MADE IN E.P.NO.69/2010 IN O.P.(MV). NO.61/2009 BY THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. EXT.P.5: COPY OF THE ATTACHMENT NOTICE DTD. 19/08/2011 ISSUED TO THE PETITIONER BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23573 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011 J U D G M E N T The petitioner is the owner of the offending vehicle in O.P. (MV) No.61/2009 before the Motor Accident Claims Tribunal, Tirur, in which Ext.P1 award has been passed. Although in that award, the award amount was directed to be paid by the Insurance Company, the Insurance Company was given liberty to recover the amount from the owner and driver. Pursuant thereto, revenue recovery proceedings have been initiated, which is under challenge in this writ petition. The petitioner only seeks permission to pay off the amount in installments. 2. I have heard the learned Government Pleader as well as the Standing Counsel for the 1st respondent - Insurance Company. Having heard both sides, I dispose of this writ petition with a direction to the respondents to permit the petitioner W.P.(C)No.23573 of 2011 -2- to pay off the amounts demanded in ten (10) equal monthly installments. The 1st installment shall be paid on 12.09.2011. But all the subsequent instalments shall be paid on the first working day of every succeeding month. If the petitioner pays the instalments on due dates without default, further proceedings under the Act shall be kept in abeyance. However, if the petitioner commits default in payment of any one of the instalments, it would be open to the respondents to continue proceedings as now initiated without having to issue any fresh notice or proceedings in that regard. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/