IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 OP (MACT).No. 2202 of 2011(O) ----------------------------- E.P.No..542/2010 IN OPMV.2818/2005 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... PETITIONER/JUDGMENT DEBTOR ------------------------------------------------- SOOSI,W/O.DOMINIC, AGED 40, THEKKEKALATHUL, CHELLANAM VILLAGE, KOCHI TALUK ERNAKULAM DISTRICT BY ADV. SRI.C.M.NAZAR SRI.MANSOOR.B.H. RESPONDENTS/DECREE HOLDER & STATE: --------------------------------------------------------------- 1. THE MANAGER, NATIONAL INSURANCE COMPANY LTD, DIVISIONAL OFFICE, AJAY VIHAR, M.G.ROAD, ERNAKULAM-682018 2. THE DISTRICT COLLECTOR, ERNAKULAM-682030 3. THE DEPUTY THAHSILDAR, TALUK OFFICE, KOCHI-1 BY SR. GOVT. PLEADER SRI.S.ABDUL SALAM ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R1 SRI.P.JACOB MATHEW FOR R1 THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(MAC) No. 2202/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DEMAND NOTICE DATED NIL ISSUED BY THE THIRD RESPONDENT EXT.P2 : COPY OF THE NOTICE ISSUED UNDER SEC.34 OF KERALA REVENUE RECOVERY ACT DATED NIL EXT.P3 : COPY OF THE E.P. NO.542/2010 IN OP(MV) NO.2818/2005 OF M.A.C.T.ERNAKULAM RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- O.P.(MAC) No. 2202 OF 2011 -------------------------- Dated this the 25th day of July, 2011 J U D G M E N T The petitioner is the owner of a motor vehicle. The said vehicle was involved in an accident that led to the institution of O.P(MV) No.2818 of 2005 on the file of the Motor Accidents Claims Tribunal, Ernakulam. Though notice was served on the petitioner, she did not appear and therefore she was set ex-parte. An award was passed directing the petitioner and her driver to pay the compensation awarded by the Tribunal. Since the driver of the petitioner's vehicle did not have a valid driving licence, the Tribunal directed the insurer of the vehicle namely the National Insurance Company Ltd. to pay compensation in the first instance and to recover it from the petitioner. The insurer accordingly remitted the sum of Rs.16,335/- in the Motor Accidents Claims Tribunal for payment to the claimant and thereafter took steps to recover the said amount with 5% collection charges from the petitioner. Ext.P1 demand notice was thereupon issued under the Kerala Revenue Recovery Act, 1968. The instant original petition is filed challenging Ext.P1 notice and seeking a direction to the first respondent to afford the petitioner an opportunity to pay the amount due from her in eight equal monthly instalments. 2. I heard Sri.C.M.Nazar, learned counsel appearing for the OP(MAC) No.2202/2011 2 petitioner and Sri.Jacob Mathew, learned Senior Advocate appearing for the first respondent. The learned counsel appearing for the petitioner submitted that the petitioner is an unemployed house wife with no means of income and therefore she may be granted eight months' time to pay the amount due. The learned Senior Advocate appearing for the first respondent submitted that as the insurer has already deposited the compensation awarded and has not claimed any interest on the amount from the date of deposit, if the petitioner is willing to pay interest on the sum of Rs.16,335/- at 6% per annum, the insurer has no objection in this Court granting an opportunity to the petitioner to pay the amount due in instalments along with the collection charges. In view of the recent amendment to the Kerala Revenue Recovery Act, the revenue department cannot levy more than 1% of the amount due as collection charges. In the light of the statutory provisions the insurer will certainly have to pay 1% of the amount sought to be realised from the petitioner to the revenue department from out of the amounts recovered. In the light of the facts stated above and the broad agreement entered into between the parties, I dispose of the original petition with the following directions: (I) The petitioner shall pay the sum of Rs.16,335/- in five equal monthly instalments commencing from 16th August, 2011. The first instalment shall be paid on 16th August, 2011 and the remaining four OP(MAC) No.2202/2011 3 instalments on the 16th of every succeeding English calender month. If the 16th of any month happens to be a holiday, the payment shall be made on the next working day. (II) The petitioner shall in addition to the said sum, pay the sum equivalent to 1% of Rs.16,335/- namely Rs.164/- to the insurer for payment to the revenue department. (III) After the petitioner makes the payment as directed above, the insurer shall inform the petitioner in writing of the amount payable by the petitioner by way of interest on the sum of Rs.16,335/- calculated at the rate of 6% per annum. The interest shall be calculated having regard to the payment made in instalments. The petitioner shall upon receipt of the intimation regarding the amount payable by way of interest, pay the sum also within one month from the date of receipt of the information. (IV) Upon payment being made as above, the insurer shall withdraw the requisition after remitting 1% of the amount sought to be realised with the revenue authorities. P.N.RAVINDRAN, (JUDGE) vps