IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37002 of 2010(A) ---------------------------------- PETITIONER(S): ------------------- ELIAS SKARIYA,AGED 50,S/O.SKARIYA, COOLIE,OTOKUZHIYIL HOUSE,EZHAKKARANADU KARA, EZHAKKARANADU NORTH.P.O,PIN-682308,MANEED VILLAGE, MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT. BY ADVS. SRI.SUNU P.JOHN SRI.C.DEVANAND RESPONDENT(S): -------------------- 1. DY.TAHSILDAR(RR),MUVATTUPUZHA, MUDAVOOR.P.O,PIN-686669,MINI CIVIL STATION, MUVATTUPUZHA,ERNAKULAM DISTRICT. 2. VILLAGE OFFICER,MANEED,MANEED.P.O, PIN-686 664,MENEED VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 3. NEW INDIA ASSURANCE CO.LTD,MUVATTUPUZHA, MUVATTUPUZHA.P.O,PIN-686 661,ERNAKULAM DISTRICT, REP.BY BRANCH MANAGER. R1 & R2 BY GOVT.PLEADER SRI.BIJOY CHANDRAN R3 BY ADV. SRI.GEORGE CHERIAN THIRUVALLA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 37002 OF 2010 ------------------------------------- Dated this the 15th day of December, 2010 JUDGMENT Petitioner is the first respondent before the Motor Accident Claims Tribunal, Muvattupuzha in OP(MV) No.370/2006. The Tribunal had issued Ext.P1 Award, whereby the respondents in the claim petition was directed to make payment of a sum of Rs.30,100/- along with interest to the claimant therein, as compensation on account of injuries sustained in a motor vehicle accident in which the vehicle belonging to the petitioner herein was involved. The Tribunal had directed the 3rd respondent herein to satisfy the award, with liberty reserved to them for realising the amount from the petitioner. Pursuant to payment of amount made by the 3rd respondent, an application was filed before the Tribunal to recover the amounts from the petitioner. Through Ext.P2 order, the Tribunal had issued revenue recovery certificate for realising the amount. Exts.P3 and 2 WP(C) No. 37002/2010 P4 are demand notices issued by the first respondent under the provisions of the Kerala Revenue Recovery Act. 2. It is noticed that the petitioner has not challenged Ext.P1 Award by resorting to appellate remedy provided under the statute. Since Ext.P1 Award had attained finality, I am of the opinion that any challenge against the liability could not be entertained in this Writ Petition. Accordingly the Writ Petition deserves no merit. 3. However, learned counsel appearing for the petitioner made an appeal to this Court to permit payment of the amount in arrears, within a reasonable time, in a phased manner. Heard standing counsel appearing for the 3rd respondent also. Considering the fact that the petitioner is a coolie worker having no means of income to make payment of the amount in a lump sum, I am of the view that some indulgence can be shown in permitting the petitioner to pay off the liability in reasonable instalments. 4. Accordingly, the Writ Petition is disposed of 3 WP(C) No. 37002/2010 directing the respondents 1 and 2 to keep in abeyance further coercive steps of recovery initiated pursuant to Exts.P3 and P4 notices, provided the petitioner remits the entire amount in 6 (six) equal monthly instalments, falling due on or before 15.01.2011 and on or before the 15th day of the succeeding months. 5. It is made clear that on the event of default in payment of any one of the instalments as stipulated above, the respondents will be free to proceed with further coercive steps. C.K. ABDUL REHIM JUDGE dnc