IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 6100 of 2008(A) ------------------------- OPMV.724/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA .................... PETITIONER: --------------- K.K.VENUGOPAL, KOLATHU HOUSE, KUDAYATHOOR VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENTS: ----------------- 1. TAHSILDAR (RR), TALUK OFFICE, THODUPUZHA. 2. JOSEPH @ JOSE, S/O.DEVASIA, PORATHANATHU HOUSE, KOLAPRA KARA, KUDAYATHOOR VILLAGE, THODUPUZHA. 3. SUNU, S/O.AYYAPPAN PILLAI, SABU NIVAS, KOLAPRA KARA, KUDAYATHOOR VILLAGE. 4. NATIONAL INSURANCE CO.LTD., REPRESENTED BY ITS BRANCH MANAGER, THODUPUZHA. BY GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6100 OF 2008 A ==================== Dated this the 28th day of February, 2008 J U D G M E N T Petitioner was one of the respondents in OP(MV) No.724/2003 before the MACT, Thodupuzha being the registered owner of the vehicle involved. Even according to him, notice in the case was received and he did not appear and contest the matter, but was given the impression that the Insurance Company will contest the case on his behalf as well. After trial, finding that the driver was not duly licenced, while passing the award, the MACT directed that the compensation can be recovered from the registered owner after payment is made to the claimants. It is now stated that the Insurance company honoured the award and payment was made and thereafter took steps for recovering the amount from the petitioner. At that stage, petitioner filed Exts. P4 and P4(a) applications before the MACT to condone the delay in applying to set aside the ex parte WPC 6100/08 :2 : award and also to set aside the award. It is therefore that this writ petition has been filed praying for a direction to keep in abeyance revenue recovery proceedings until the Tribunal considers Exts. P4 and P4(a) applications that he has made. 2. True as pointed out by the learned counsel for the insurance company, there is negligence on the part of the petitioner and that once payment is made by the company, it is entitled to seek recovery of the said amount. 3. However, having regard to the fact that the petitioner has already applied to the MACT to have the award set aside, I feel that further recovery proceedings should await until the MACT takes a decision the applications that he has filed. 4. Therefore, I dispose of this writ petition directing that the MACT, Thodupuzha shall take up Exts. P4 and P4(a) IA NO.384/2008 and 383/2008 in OP(MV) No.724/2003 and take a decision on these applications with notice to the parties concerned. This the Tribunal shall do, as expeditiously as WPC 6100/08 :3 : possible, at any rate within eight weeks of production of a copy of this judgment. In the meantime, I also direct that further proceedings for the recovery of the compensation awarded in Ext.P2 award shall be kept in abeyance. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp