IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 7709 of 2011(K) --------------------------------------- PETITIONER(S): ---------------------- C.S.ANTONY, AGED 34 YEARS, CHARANKATTU HOUSE, ARTHUNKAL P.O., CHERTHALA SOUTH VILLAGE, ALAPPUZHA. BY ADV. SRI.JOY C. PAUL SRI.M.Y.VARGHESEKUTTY DR.ABRAHAM P.MEACHINKARA RESPONDENT(S): -------------------------- 1. DEPUTY TAHSILDAR (R.R.), CHERTHALA TALUK, ALAPPUZHA. 688 001. 2. VILLAGE OFFICER, CHERTHALA SOUTH VILLAGE, ALAPPUZHA. 688 001. 3. THE NEW INDIA ASSURANCE CO. LTD., EDATHIL BUILDING, THOPPUMPADY, KOCHI. 682 062. R1 & R2 BY GOVT. PLEADER SRI.BIJOY CHANDRAN R3 BY SRI.MATHEWS JACOB, SENIOR ADVOCATE R3 BY ADV. SRI.P.JACOB MATHEW THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P(C) NO.7709/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 14.9.2010 OF THE 2ND RESPONDENT. P2:- COPY OF THE AWARD DTD. 6.5.2009 IN OP(MV) 1147/2004 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, PERUMBAVOOR. P3:- COPY OF THE DRIVING LICENSE OF THE DRIVER OF THE VEHICLE (2ND RESPONDENT IN OP. (MV) 1147/2004 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL PERUMBAVOOR. P4:- COPY OF THE IA. 805/2011 IN OP(MV) 1147/2004 IN THE FILE OF MACT, PERUMBAVOOR TO CONDONE THE DELAY. P5:- COPY OF THE IA. 806/2011 IN OP(MV) 1147/2004 IN THE FILE OF MACT, PERUMBAVOOR TO SET ASIDE EXPARTE AWARD. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss C.K.ABDUL REHIM,J. ------------------------------- WP(C).NO. 7709 of 2011 --------------------------------- Dated this the 29th day of June, 2011 JUDGMENT The petitioner herein is the 1st respondent in OP(MV). NO.1147/2004 on the files of the Motor Accidents Claims Tribunal, Perumbavoor, in which Ext.P2 award was passed by the said Tribunal. The 3rd respondent herein is the insurer of the vehicle involved in the accident who was arrayed as 3rd respondent before the Tribunal. By virtue of Ext.P2, compensation was awarded in favour of the claimant, and the 3rd respondent was directed to make payment of the amount of compensation, with liberty reserved in favour of them to realise the same from the petitioner herein. On the basis of payment effected by the 3rd respondent, they sought for realising the amount from the petitioner and the Tribunal had issued Revenue Recovery Certificate. Ext.P1 notices are issued under the provisions of the Kerala Revenue Recovery Act demanding payment of the amounts by the petitioner. 2. Contention of the petitioner is that he was WP(C) .7709/2011 2 exparte in the proceedings before the Tribunal and he was saddled with the liability only because proper contentions could not be taken before the Tribunal by producing relevant documents. It is stated that the petitioner had already approached the Tribunal seeking to set aside the exparte award, by filing Exts.P4 and P5 applications, one for setting aside the exparte order and another for condoning delay in filing such application. It is stated that the said applications now stands registered before the Tribunal as I.A.Nos.805/11 and 806/11. Under the above mentioned circumstance the petitioner seeks direction from this court to restrain the recovery steps till the Tribunal dispose of the above said applications. 3. Heard; senior counsel appearing on behalf of the 3rd respondent Insurance Company. Considering the fact that the application to set aside the exparte award is pending disposal before the Tribunal, I am of the view that the writ petition can be disposed of directing to keep in abeyance the coercive steps of recovery, till the disposal of the matter by the MACT. 4. Therefore the writ petition is disposed of directing the MACT, Perumbavoor to consider and dispose of WP(C) .7709/2011 3 I.A.Nos.805/11 and 806/11 in OP.(MV) No.1147/2004, after affording reasonable opportunity of all parties concerned, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. 5. Till such time the applications are disposed of by the Tribunal as directed above, recovery of amounts covered under Ext.P1 notice shall be kept in abeyance. C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .7709/2011 4