IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24788 of 2010(W) -------------------------- OPMV.1991/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... PETITIONER(S): --------------- 1. JOY KURIAN, S/O.KURIAN, KAROTTAPURAM HOUSE, MANICKAMANGALAM P.O., KALADY. 2. JOSEPH KURIAN, S/O.KURIAN, KAROTTAPURAM HOUSE, WESTERN SIDE OF MUTHIRAPADATH, MARIYAPURAM CHURCH, ALUVA WEST VILLAGE. BY ADV. SRI.M.N.SANJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM, COCHIN-30. 2. DEPUTY TAHSILDAR(RR), ALUVA. 3. THE NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, ANGAMALY, REP. BY ITS BRANCH MANAGER, PIN-683 572. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No. 24788 of 2010-W ---------------------------- Dated this the 6th day of August, 2010. J U D G M E N T The petitioners were the owner and driver of the Car bearing No.MH 01/S 6248, which got involved in a road a traffic accident, causing injuries to a minor boy, who was proceeding on his bicycle, which led to O.P(MV) No.1991 of 2004 filed before the Motor Accident Claims Tribunal, Perumbavoor. Since the petitioners did not turn up before the Tribunal, they were declared ex-parte and Ext.P1 Award was passed, whereby the compensation to be given to the claimant was directed to be satisfied the insurer, with liberty to have the same recovered from the petitioners, in view of the violation of the statutory/policy conditions. 2. The case of the petitioners is that, both of them were working away and were not served with any notice whatsoever from the Tribunal, which made them ex-parte. It is stated that, the petitioners came to know about the proceedings only on being confronted with the recovery notices issued under the Revenue Recovery Act, as borne by Exts.P3 and P4 and immediately they rushed to the Tribunal by filing Ext.P5 petition to set aside the ex- W.P(C) No. 24788 of 2010-W 2 parte award, with a petition to condone the delay, which are pending consideration and stand posted for hearing on 2.9.2010. The petitioners are constrained to approach this Court against the coercive steps being pursued by the revenue authorities in the meanwhile. 3. Heard the learned Government Pleader as well. 4. Considering the limited nature of the relief pressed by the petitioners and proposed to be given, this Court does not find it necessary to have the Insurered impleaded in the party array. 5. The first and second respondents are directed to consider and pass appropriate orders on Exts.P5 and P6 in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. It is made clear that, all further coercive proceedings pursuant to Exts.P3 and P4 shall be kept in abeyance till such time. The petitioner shall produce a copy of the verdict along with a copy of the Writ Petition before the concerned Insurer as well and file a memo in this regard. The Writ Petition is disposed of. ab P.R.RAMACHANDRA MENON, JUDGE