IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 19722 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ 1. THOMAS FRANCIS (JOHNYKUTTY) S/O.FRANCIS, THURUTHEL HOUSE, CHENGAMKERI KIZHAKKEMURI, EDATHWA PO, KUTTANAD TALUK, ALAPPUZHA DISTRICT. 2. SATHEESH, S/O.DAMODARAN, PUTHENPURAYIL HOUSE, ANAPRAMBAL VADAKKU MURI, THALAVADI VILLAGE, KUTTANAD. BY ADV. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENT(S): -------------------------- 1. KAIRALI VASUDEVAN, AGED 58 YEARS, PUTHENPURAYIL HOUSE, PERINGARA PO, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689 108. 2. KUSUMA KUMARI P.V, AGED 35 YEARS, PUTHENPURAYIL HOUSE, PERINGARA PO, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689 108. 3. SUNITH KUMARI. P.V, AGED 30 YEARS, PUTHENPURAYIL HOUSE, PERINGARA PO, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689 108. 4. SUJATHA KUMARI. P.V.,AGED 28 YEARS, PUTHENPURAYIL HOUSE, PERINGARA PO, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689 108. 5. SUBASH KUMAR. P.V., AGED 25 YEARS, PUTHENPURAYIL HOUSE, PERINGARA PO, NEDUMPURAM VILLAGE, THIRUVALLA TALUK-689 108. WP(C).No. 19722 of 2010(M) 6. DEPUTY TAHSILDAR (RR), KUTTANAD TALUK, ALAPPUZHA DISTRICT-689 573. 7. DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA-1. R1 TO R5 BY ADV. SRI.T.K.KOSHY, SMT.V.V.RISANI. R6 & R7 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING rs. P.R.RAMACHANDRA MENON, J -------------------------------------------- WP(C) NO. 19722 OF 2010 -------------------------------------------- Dated this the 23rd day of July, 2010 JUDGMENT The petitioners are the owner and driver of the vehicle bearing No. KL 7 B 1989, which got involved in a road traffic accident causing death of one person by name Vasu. This led to the claim petition filed by the legal heirs as OP(MV) 1337/2002, before the MACT, Pathanamthitta, wherein Ext.P2 Award was passed, granting a total compensation of Rs.1,00,000/- with interest at the rate of 7.5% from the date of the petition and cost of Rs.3,500/-. The petitioner has approached this Court, on confronted with the coercive proceedings under the Kerala Revenue Recovery Act, as borne by Exts.P3 and P4. 2. When the matter came up for consideration before this Court on 24.06.2010, the coercive proceedings were intercepted on condition that the petitioner deposited a sum of Rs.50,000/- within two weeks which is stated as complied with. The learned counsel appearing for the respondents 1 to 5/claimants submits that even though the accident was on 17.09.2002, the claimants are still to obtain the compensation awarded. 3. The learned counsel for the petitioners submits with reference to the specific averments in the Writ Petition that the petitioners do not intend to challenge the liability by filing any proceedings and that earnest efforts are 2 WP(C) No. 19722/2010 being made to have the liability settled; for which some breathing time, by way of insalments, is sought for. 4. Taking note of the particular facts and circumstances as described in the Writ Petition and as highlighted by the learned counsel for the petitioner, this Court finds it fit and proper to permit the petitioners to clear the liability in a phased manner. Accordingly, the balance liability under Ext.P2 Award shall be satisfied by the petitioners by way of 'four' equal monthly insalments, the first of which shall be effected on or before the 20th August, 2010, to be followed by similar insalments to be effected on or before the 20th of the succeeding months. Subject to this, the recovery proceedings pursuant to Exts.P3 and P4 shall be kept in abeyance for the time being. It is made clear that, if any default is committed by the petitioners in satisfying the liability as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum. It is also made clear that, the respondents 1 to 5 (claimants) are at liberty to have it got withdrawn as and when the amounts are deposited by the petitioners. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON JUDGE dnc