IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 5066 of 2009(C) ------------------------------ OPMV.1672/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM .................... PETITIONER(S): ------------------ J.MADHAVAN NAIR, D 13 QUARTERS, HINDUSTAN NEWSPRINT LTD., VELLOOR, NOW RESIDING AT 'VARADA' JAYA NAGAR, N.H.BYE PASS ROAD, MARADU P.O., ERNAKULAM 682304. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------------- 1. NATIONAL INSURANCE CO. LTD., THIRUVALLA, REPRESENTED BY THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, KOTTAYAM. 2. DISTRICT COLLECTOR (KOTTAYAM), COLLECTORATE P.O., KOTTAYAM. 3. VILLAGE OFFICER, KOTTAYAM, VILLAGE OFFICE, KOTTAYAM. ADV. SMT.SARAH SALVY FOR R1 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 5066 OF 2009 (C) ===================== Dated this the 30th day of March, 2009 J U D G M E N T Heard both sides. 2. Petitioner was the claimant in OP(MV) No.1672/2003 on the file of the MACT, Kottayam. By Ext.P2, the dispute was settled and a compensation of Rs.3 lakhs along with interest was awarded to the petitioner. The amount was not paid and the petitioner submits that he filed Ext.P3 Execution Petition before the Tribunal as EP No.120/07. It is stated that considering Ext.P3, revenue recovery was ordered, but however, so far amount has not been realised from the 1st respondent. It is with this complaint the writ petition is filed. 3. If as stated by the petitioner, the award has become final, it is the liability of the 1st respondent to have discharged the same. Since according to the petitioner, not only that the liability has not been discharged, but despite even ordering recovery, amount has not been recovered, it is directed that if the liability has not so far been discharged, within 4 weeks from the date of production of a copy of this judgment, the 1st respondent shall WPC 5066/09 :2 : pay the entire amount in satisfaction of Ext.P2 award as directed in the award itself. It is also directed that in the event of failure to satisfy the award as above, it will be open to the petitioner to produce a copy of this judgment before the 2nd respondent, who shall thereupon ensure that the amount due from the 1st respondent as per Ext.P2 award is recovered by taking recourse to the provisions of the Revenue Recovery Act. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp