IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 19979 of 2009(N) -------------------------- OPMV.3384/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONERS: --------------- 1. MANUEL.K.J., AGED 35 YEARS, S/O.LATE JOSEPH, KALARIKKAL HOUSE, XL VIII/1162, ELAMAKKARA, KOCHI-26. 2. P.M.SALIM, AGED 36 YEARS, S/O.LATE M.K.MAJEED, ADIMAPARAMBIL VEETTIL ELAMAKKARA KARA, EDAPPALLY NORTH VILLAGE, KOCHI-26. BY ADV. SRI.V.V.SIDHARTHAN SRI.D.G.VIPIN RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI-11. 3. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM, KOCHI-11. 4. THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE. 5. V.K.RADHIKA, W/O.LATE BHUVANACHANDRAN, THARAYIL HOUSE, NEAR FERRY, MANJUMMEL P.O., PIN-682 501. WP(C).No. 19979 of 2009(N) 6. MASTER.AGIL, MINOR, S/O.LATE BHUVANACHANDRAN, THARAYIL HOUSE, NEAR FERRY, MANJUMMEL P.O., PIN-682 501, REPRESENTED BY MOTHER & GUARDIAN V.K.RADHIKA. 7. ATHIRA, MINOR, D/O.LATE BHUVANACHANDRAN, THARAYIL HOUSE, NEAR FERRY, MANJUMMEL P.O., PIN-682 501, REPRESENTED BY MOTHER & GUARDIAN V.K.RADHIKA. BY SR. GOVERNMENT PLEADER ADV. MR. P.K. BABU. R5 TO R7 BY ADV. SRI.K.R.VINOD SRI.K.P.WILSON (KOTHAMANGALAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19979 of 2009(N) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : A T RUE COPY OF THE AWARD DATED 29.03.2006 IN O.P.(MV) 3384/96. EXT.P2 : A TRUE COPY OF THE EXECUTION PETITION EP.NO. 321/08 FILED BY RESPONDENTS 5 TO 7 BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. EXT.P3 : A TRUE COPY OF THE DEMAND NOTICE NO.E1/81/08-09/ MACT/B5/09/7997/7/KDIS DATED 25.02.2009 OF D.C., ERNAKULAM. EXT.P4 : A TRUE COPY OF THE DEMAND NOTICE NO.E1/80/08- 09/MACT/B5/2008/7988/7 DATED 25.02.2009 OF DC, ERNAKULAM. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 19979 OF 2009 ......................................................................... Dated this the 14th August, 2009 J U D G M E N T As per Ext. P1 award passed by the M.A.C.T., in O.P.(MV) 3384 of 1996, the claimants therein, who are respondent Nos. 5 to 7 herein, were awarded a compensation of Rs. Two lakhs fifty thousand with interest at the rate of 6%, which was directed to be satisfied in the ratio of 30:30:40. The petitioners before this Court being the second and third respondents before the Tribunal, the liability cast upon their shoulders will come to 30:40 respectively. 2. The grievance of the petitioners is that since there was no valid insurance in respect of the vehicle in question, the owner and rider of the motor cycle were fastened with the liability and the petitioners in the Writ Petition, having not chosen to challenge the award, are made liable to satisfy the same to the extent as specified. However, they seek some W.P.(C) No. 19979 OF 2009 2 breathing time to satisfy the liability, particularly in view of the fact that the first petitioner is only a head load worker and the second petitioner is a driver, thus belonging to the lower strata of the society. 3. When the matter was admitted by this Court on 16.07.2009, an interim order was passed directing the petitioners to deposit a sum of Rs. Fifty Thousand each, within two weeks before the Tribunal, making it clear that the said amount could be withdrawn by the respondents 5 to 7, who are the claimants before the Tribunal. The learned Counsel for the petitioners submits that the condition imposed by this Court was complied with by effecting the deposit on 24.07.2009 and as such, it is for the respondents 5 to 7 to file necessary application before the Tribunal for disbursement of the amount and to have it obtained accordingly. 4. With regard to the balance amount to be satisfied by the petitioners, the proportionate extent of liability cast upon the petitioners vide Ext. P1, sought to be realised as per Exts. P3 and P4 respectively, shall be satisfied by the concerned petitioner by W.P.(C) No. 19979 OF 2009 3 way of 'four equal' monthly installments, the first of which shall be paid on or before 31.08.2009, to be followed by the remaining installments to be effected on or before the 30th of the succeeding months. On deposit of the said amount, the respondents 5 to 7 will be at liberty to get it disbursed from the Tribunal by filing necessary application in this regard. Subject to the above, all further proceedings pursuant to Exts, P3 and P4 shall be kept in abeyance for the time being. It is also made clear that if any default is committed by the petitioners in remitting the installments as above, the respondents will be at liberty to proceed with further steps pursuant to Exts.P3 and P4, for realisation of the entire amount in a lump sum. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk