IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 28820 of 2010(B) -------------------------- OPMV.805/2001 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER: --------------- C.B.PAREETH, S/O.BAVA, AGED 47 YEARS CHATHANATTU HOUSE, NELLIKUZHI PO, KOTHAMANGALAM ERNAKULAM DISTRICT. BY ADV. SMT.SHAMEENA SALAHUDHEEN RESPONDENTS: --------------- 1. TAHASILDAR, KOTHAMANGALAM TALUK OFFICE OF THE TAHSILDAR, KOTHAMANGALAM PO ERNAKULAM DISTRICT PIN 686 691 2. ORIENTAL INSURANCE COMPANY LIMITED BRANCH OFFICE, ELENGICAL PLAZA, KOTHAMANGALAM 686 691. 3. NAZEER P.K., S/O.KOCHAHAMMED, PUTHEN PURACKAL, ERAMALLUR, KOTHAMANGALAM 686 691. STANDING COUNSEL FOR R2 SRI.VPK.PANICKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.28820 of 2010 ------------------------------------------- Dated this the 20th day of October, 2010 J U D G M E N T ---------------------- Petitioner is the 1st respondent before the Motor Accident Claims Tribunal, Perumbavoor in all the 3 claim petitions covered by Ext.P2 common award. As per terms of the Award, the 2nd respondent herein, who was insurer of the vehicle involved in the accident, was directed to make payment of the amounts of compensation awarded, with liberty reserved to them to recover such amounts from the petitioner as well as from the driver of the vehicle. Pursuant to Ext.P3 and P4 applications filed by the 2nd respondent, revenue recovery steps were initiated as per requisition issued by the Tribunal for realising the amount of compensaion paid by the 2nd respondent. Ext.P5 and P6 notices were issued under Section 7 of the Kerala Revenue Recovery Act, 1968, for recovery of amounts covered under two W.P.(C).28820/10-B -2- cases, OP(MV).805/01 & 852/01, out of Ext.P2 common award. 2. It is the case of the petitioner that Ext.P2 award was passed after declaring the petitioner as ex parte. It was contended that the insurance company was exonerated from the liability on the basis of the finding that the driver in question was not holding valid licence during the relevant period. According to the petitioner, the said finding was not factually correct and the driver was in fact holding a valid licence as on the date of accident. 3. However, the petitioner had already approached the Tribunal by filing Ext.P7 to P10 petitions seeking to review the award with respect to the above said two cases, along with petitions seeking condonation of delay in filing such review petitions. According to the learned counsel for the petitioner, the review petition is maintainable before that Tribunal in view of the judgment of this court in Asmath Khan Vs. Chadrahasa Bangara (2006 (4) KLT 494). Grievance of the petitioner is that pending W.P.(C).28820/10-B -3- consideration and disposal of Ext.P7 to P10 applications, if the coercive steps of recovery is pursued, the petitioner will be put to severe prejudice and irreparable loss. 4. Heard, learned counsel appearing for 2nd respondent. The fact regarding pendency of Ext.P7 to P10 applications before the Tribunal is not disputed. Having considered the facts and circumstances, I am of the opinion that the petitioner can be permitted to pursue his remedies from the Motor Accident Claims Tribunal on the basis of Ext.P7 to P10 applications. It is only just and proper in the interest of justice to restrain recovery steps till the disposal of those applications by the Tribunal. 5. Under the above circumstances the writ petition is disposed of directing the Motor Accident Claims Tribunal, Perumbavoor to consider and dispose of Ext.P7 to P10 applications filed in OP(MV) Nos:805/01 & 852/01, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. 6. In order to facilitate the petitioner to move the W.P.(C).28820/10-B -4- Tribunal seeking disposal of the above said applications and for the Tribunal to take a decision thereof, coercive steps of recovery initiated pursuant to Ext.P5 and P6 notices shall be kept in abeyance for a period of three months from today. C.K.ABDUL REHIM, JUDGE. okb