IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 28434 of 2010(D) -------------------------- PETITIONER(S): ---------------------- THE NEW INDIA ASSURANCE COMPANY LTD., POZHIKKALA BUILDING, ETTUMANOOR, REP. BY THE DY. MANAGER. BY ADV. SRI.RAJAN. P.KALIYATH RESPONDENT(S): ------------------------ 1. CHAIRMAN TALUK LETAL SERVIES COMMITTEE, KOTTAYAM. 2. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOTTAYAM. 3. SANTHAMMA, NADUVILE VETTTIL, VIRIPUKALA, PARAPPU. 4. SAJIMON, S/O.RAJAPPAN, PULLICHIRA, CHEEPUNGAL POST, KOTTAYAM. 5. AZEEZ C.A., S/O.ALI RAUTHER, KUZHYPPALLIL HOUSE, CHIRAKADAVU CENTRE, KOTTAYAM. ADV. SRI.LIJI.J.VADAKEDOM FOR R5 GOVERNMENT PLEADER MR.P.M.MANOJ FOR R1 SRI.T.K.KOSHY FOR R3 SMT.V.V.RISANI FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 28434 of 2010 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE CLAIM PETITION OPMV 878/08 EXT.P2:- COPY OF THE CHARGE IN CR. OF VIKOM PS. IN CRIME NO.825/06 EXT.P3:- COPY OF THE ORDER DATED 14.3.09 OF THE 1ST RESPONDENT EXT.P4:- COPY OF THE APPLICATION DATED 3.6.09 SUBMITTED TO THE 2ND RESPONDENT EXT.P5:- COPY OF THE ORDER DATED 1.10.09 OF THE 2ND RESPONDENT EXT.P6:- COPY OF THE APPLICATION DATED 11.12.2009 SUBMITTED TO THE 1ST RESPONDENT EXT.P7:- COPY OF THE ORDER DATED 1.3.2010 OF THE 1ST RESPONDENT EXT.P8:- COPY OF THE DRIVING LICENCE PARTICULARS OF DRIVING LICENCE NO.4/2561/1988 OF THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 28434 OF 2010 --------------------------------------------- Dated this the 16th day of June, 2011 J U D G M E N T This writ petition is filed by the insurer of a motor vehicle, who was the third respondent in OP(MV)No.878 of 2008 on the file of the Motor Accidents Claims Tribunal, Kottayam, challenging Ext.P3 award passed by the Lok Adalat on 14.03.2009. By that award, OP(MV)No.878 of 2008 above referred to, filed by the third respondent herein was settled on the petitioner agreeing to pay to the claimant the sum of Rs.47,000/- as compensation. As per the award, the agreed amount of compensation was to be paid within sixty days from the date of the award failing which it carries interest at the rate 6% per annum from the date of the award till the date of deposit. The main contention raised by the petitioner is that it had agreed to pay the compensation on behalf of the insured overlooking the crucial fact that the driver of the vehicle namely the fourth respondent herein, did not possess a valid driving license on the date of the accident namely 15.12.2006. W.P.(C).No. 28434 OF 2010 2 2. When the writ petition came up for hearing on an earlier occasion the learned counsel appearing for the owner of the car / the insured submitted that though before the date of the accident he had transferred the motor car to another person, as the registered owner, he is willing to take over the liability of the insurer in terms of Ext.P3 award. The learned counsel appearing for the fifth respondent, the registered owner also undertook to file an affidavit to that effect. The fifth respondent has accordingly sworn to an affidavit dated 14.06.2011. Paragraphs 4 and 5 thereof read as follows:- “4. Now in the above circumstance, since I am the registered owner of the vehicle I owe the liability to pay the compensation in the above said capacity without prejudice to my right to recover the amount from the seller to whom I sold the vehicle. Therefore, humbly submit before the Honourable Court that I am ready to pay the amount fixed as per Ext.P3 award either to the writ petition or the third respondent. 5. It is also submitted that I am an employee of the Local Self Government Department but under suspension now and under severe financial difficulties. Therefore I humbly submit that this Honourable Court may be pleased to grant me six months time for making the payment of the above mentioned amount.” W.P.(C).No. 28434 OF 2010 3 3. When the writ petition came up for hearing today, Sri.T.K.Koshy, learned counsel appearing for the claimant / the third respondent herein submitted that as the fifth respondent has now offered to take over the liability, instead of the claimant being asked to wait for six months to receive payment of the amount awarded as per Ext.P3, the insurer may be directed to pay over the amount covered by Ext.P3 award to the claimant and the fifth respondent may be directed to repay the said amount to the insurer within a period of six months and that if such a course of action is adopted, it will do justice to all the parties. The learned counsel appearing for the insurer and the insured did not oppose the said request. I accordingly dispose of the writ petition with the following directions:- (i) The petitioner shall pay to the third respondent/claimant the sum of Rs.47,000/- together with simple interest thereon at the rate of 6% per annum from 14.03.2009 till 30.06.2011; the payment to be made on 30.06.2011. W.P.(C).No. 28434 OF 2010 4 (ii) After such payment, the petitioner shall inform the fifth respondent in writing of the amount paid to the third respondent. (iii) The fifth respondent shall within six months from today pay back to the insurer the amount paid by the insurer together with simple interest thereon at the rate of 6% per annum commencing from 01.07.2011 till the date of such payment. (iv) If the fifth respondent commits default in making payment it will be open to the petitioner to recover from him the amount paid by it to the claimant together with simple interest thereon at the rate of 6% per annum from 01.07.2011 by initiating appropriate proceedings under the Kerala Revenue Recovery Act, 1968. P.N.RAVINDRAN, JUDGE dmb