IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 14471 of 2010(H) -------------------------- AGAINST THE ORDER DATED / / IN EA 128/10 IN EP 248/02 IN OP.295/1996 of MACT,TRIVANDRUM .................... PETITIONER(S): ----------------------- SUBRAMANIYAN, S/O.SIVARAMAKRISHNAN PILLAI AGED 52 YEARS, TC-39/1818, MANACAUD, THIRUVANANTHAPURAM, WORKING AS DEVELOPMENT OFFICE,LIFE INSURANCE CORPORATION OF INDIA, SALES DEPT., M.G.ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENT(S): -------------------------- 1. BHAVANI AMMA, D/O.BHAGAVATHI AMMA, AGED 70 YEARS, KIZHAKKETHIL VEEDU, KALATHUKAL, KARAKULAM P.O., THIRUVANANTHAPURAM. 2. THE BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, THIRUVANANTHAPURAM. R1 BY ADVS. SMT.M.HEMALATHA R2 BY SRI.P.B.SAHASRANAMAN, SRI.K.JAGADEESH, SRI.T.S.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14471/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE EP. 248/2002 IN OP. NO.295/1996. P2:- COPY OF THE EA. NO.128/2010. P3:- COPY OF THE COUNTER AFFIDAVIT IN EA. 128/2010. P4:- COPY OF THE SALARY SLIP OF MARCH. TRUE COPY P.A. TO JUDGE tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.14471 of 2010 ------------------------------------------- Dated this the 21st of June, 2010 JUDGMENT The petitioner is the second judgment debtor in E.P.No.248 of 2002 of the Motor Accidents Claims Tribunal, Thiruvananthapuram. The execution petition has been filed to execute the award in O.P.(MV) No.295 of 1996. As per order in E.A.No.128 of 2010, a warrant of arrest was issued against the petitioner for non-payment of the award amount. The petitioner has filed this Writ Petition challenging the said action. As per interim order dated 18.5.2010, the petitioner was directed to remit an amount of Rs.50,000/- within a period of one month. It is submitted by the counsel for the petitioner that the said amount has been remitted. The petitioner seeks permission to pay the balance amount due in ten equal monthly instalments. 2. Adv.M.Hemalatha who appears for the first respondent opposes the submission made on behalf of the petitioner. According to the counsel, the first respondent wpc No.14471/2010 2 is aged 70 years and the award was passed as early as on 22.12.2000. Though it is almost 10 years since the passing of the award, no amount has been paid by the petitioner other than what has been deposited pursuant to the interim order of this Court. 3. The petitioner is an employee of the Life Insurance Corporation of India. He pleads financial difficulties and seeks the indulgence of this Court. In view of the financial condition of the petitioner, I feel that the petitioner can be granted the facility to pay the balance amount in seven equal monthly instalments. This Writ Petition is accordingly disposed of directing the petitioner to pay the balance award amount due in seven equal monthly instalments, commencing from 5.7.2010. The subsequent monthly instalments shall be payable on the 6th of each succeeding month thereafter. The first respondent shall be permitted to withdraw the amount already deposited as well as the amounts that the petitioner may deposit in accordance with the stipulations made above. Further proceedings for execution of the award shall be kept in abeyance. It is clarified that in the event of the petitioner wpc No.14471/2010 3 defaulting any two consecutive instalments, further proceedings in accordance with law shall be initiated for recovery of the balance amount due. K.SURENDRA MOHAN, JUDGE css/