IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 OP (MACT).No. 2772 of 2011(O) ----------------------------- OPMV.345/2006 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONERS(S): -------------------- M.ABDUL KHADER, S/O.A.M.MANI AGED 50 YEARS,CHIEF RESERVATION SUPERVISOR II, SOUTHERN RAILWAY,III, W.Q.487,DIVISION 42, ERNAKULAM. BY ADV. SRI.SUNIL V.MOHAMMED ]MT.P.KULUSU RESPONDENT(S): --------------- 1. SAJI THOMAS, S/O.THOMAS, VELLIRIMATTHATHIL HOUSE, KORAVANVAIL, KANNUR. 2. JAMES @ STEPHAN MATHEW KOORANAYIL HOUSE,THIRUVALLA KANNUR. 3. THE ORIENTAL INSURANCE COMPANY SEEPATHI BULDINGS, M.G ROAD, PALLIMUKKU, COCHIN -16. 4. THE DEPUTY TAHSILDAR NORTH PARAVOOR. ADV. SRI. SUNIL V. MOHAMMAD GOVERNMENT PLEADER SRI. G. GOPAKUMAR THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2772/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. TRUE COPY OF THE SALE AGREEMENT DATED 24.10.2005 EXHIBIT P2. TRUE COPY OF THE EXECUTION PETITION FILED BY THE 1ST RESPONDENT. EXHIBIT P3. TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 10.06.2011. EXHIBIT P4. TRUE COPY OF THE AWARD DATD 07.08.2009 IN O.P (M.V) 345/2006 ON THE FILES OF THE HON'BLE MOTOR ACCIDENTS CLAIMS, TRIBUNAL, MUVATTUPUZHA. EXHIBIT P5. TRUE COPY OF THE ORDER DATED 02.08.2010 IN I.A 2910/09 IN O.P (M.V) 345/2006 ON THE FIELS OF THE MOTOR ACCIDENTS CLAIMS, TRIBUNAL, MUVATTUPUZHA. EXHIBIT P6 : CERTIFIED COPY OF THE I.A. 2910/2009 IN OP (MV) 345/2006 BEFORE THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA. EXHIBIT P7 : CERTIFIED COPY OF THE COUNTER AFFIDAVIT FILED BY THE THIRD RESPONDENT INSURANCE COMPANY BEFORE THE HONOURABLE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MUVATTUPUZHA. RESPONDANTS'S EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE dnc P.N. RAVINDRAN, J. ------------------------------- O.P.(MAC) No.2772 of 2011 ------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T The petitioner was the owner of a motor bike bearing registration No.KL7-V 8014. While the second respondent herein was driving the said motor bike on 9.12.2005, it hit against a compound wall as a result of which the pillion rider, the first respondent herein sustained serious injuries. He thereupon filed O.P.(M.V) No.345 of 2006 in the Motor Accidents Claims Tribunal, Muvattupuzha seeking payment of the sum of Rs.2 lakhs as compensation. The petitioner was arrayed as the first respondent therein. The person who was driving the motor bike, viz., the second respondent herein was arrayed as the second respondent and the insurer of the motor bike was arrayed as the third respondent. 2. The petitioner received notice of the claim petition, but he was set ex parte and Ext.P4 award was passed on 7.8.2009 directing payment of the sum of Rs.78,850/- as compensation. Since the pillion rider was not covered by the policy of insurance in respect of the vehicle, the petitioner, in his capacity as the owner thereof was held liable to pay the compensation. When the compensation awarded was not deposited, the claimant filed I.A.No.2910 of 2009 for OP (MAC) No.2772 of 2011 2 the issuance of a certificate to the District Collector, Ernakulam. The petitioner received notice on the said application. He entered appearance and filed objections. What was the objection is not discernible from the materials on record. By Ext.P5 order passed on 2.8.2010, the Tribunal directed a Revenue Recovery Certificate to be issued for the purpose of realising the compensation awarded from the petitioner. Consequently, Ext.P3 demand notice was issued under sections 7 and 33 of the Kerala Revenue Recovery Act, 1968. Hence, this writ petition challenging Ext.P3 and for an order directing the Motor Accidents Claims Tribunal to consider I.A.No.2910 of 2009 afresh having regard to the grounds raised in the writ petition. 3. The main contention raised by the petitioner is that two months prior to the accident, he sold the motor bike to Sri.Akbar as per Ext.P1 agreement, that thereafter the vehicle changed hands and it belonged to the second respondent herein who was driving it on the date of the accident. It is contended that as the petitioner had ceased to be the owner of the vehicle before the accident, he is not liable to pay compensation to the first respondent. It is also stated that though upon receipt of summons from the Motor Accidents Claims Tribunal, the petitioner had engaged a lawyer and was under the bona fide belief that he would defend the case, he was surprised OP (MAC) No.2772 of 2011 3 to find upon receipt of notice on I.A.No.2910 of 2009 that the counsel had not entered appearance or filed a written statement. The petitioner has however not chosen to name the counsel whom he had engaged or to state whether he had contacted the counsel any time after he was engaged as counsel. 4. From a reading of the writ petition and the submissions made at the Bar, it is evident that the petitioner is indirectly challenging Ext.P4 award under the guise of challenging the revenue recovery proceedings initiated for recovery of the amount awarded as compensation. The petitioner has not, even after receipt of notice in I.A.No.2910 of 2009, taken steps to challenge Ext.P4 award which was passed on 7.8.2009. The petitioner received notice of I.A.No.2910 of 2009 on 3.1.2010 , i.e., within five months from the date of award. He could have challenged the award by filing an appeal at that time. That admittedly having been not done, as the award has attained finality, I find no illegality in the order now passed by the Motor Accidents Claims Tribunal, Muvattupuzha . On the materials available before it, the Tribunal held that the petitioner was the owner of the motor bike and was therefore liable to pay compensation to the first respondent. The said finding cannot, in my opinion, be collaterally challenged. OP (MAC) No.2772 of 2011 4 I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- OP (MAC) No.2772 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------