IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 8989 of 2011(W) ------------------------- PETITIONER:- ------------------ PRABHAKARAN, S/O. NANU, ARAMTHODY HOUSE, INDIRA NAGAR, MANNUTHY, THRISSUR. BY ADV. SRI.JIJO PAUL RESPONDENTS:- ---------------------- 1. THE VILLAGE OFFICER, OLLUKKARA, THRISSUR DISTRICT-01. 2. DEPUTY TAHSILDAR (R.R.), THRISSUR-20. 3. VASANTHA, W/O. MANI, MALUMANKALAM, NANNIYODE, VANDITHAVALAM P.O., PALAKKAD-685 002. 4. UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, 10/290, G.B.ROAD, PALAKKAD-01. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R4 SRI.P.JACOB MATHEW FOR R4 SRI.A.R.GANGADAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8989 of 2011(W) PETITIONER'S EXHIBITS:- P1: COPY OF THE COMMON AWARD DTD.24.4.2009 IN OP(MV)NOS.434/2004, 425/2004, 514/2004 OF THE MACT, PALAKKAD. P2: COPY OF THE IA DTD.26.10.2009 FILED BY THE 3RD RESPONDENT IN OP(MV)NO.434/2004 IN THE COURT OF MACT, PALAKKAD. P3: COPY OF THE ORDER DTD.25.5.2010 IN IA.NO.6735/2009 IN OP(MV)NO. 434/2004 IN THE COIURT OF MACT, PALAKKAD. P4: COPY OF THE IA.NO.901/2011 IN OP.434/2004 IN THE MACT, PALAKKAD. P5: COPY OF THE IA.NO.900/2011 IN OP.434/2004 IN THE MACT, PALAKKAD. P6: COPY OF THE POLICY DOCUMENT DTD.1.8.2001 FOR VEHICLE NO. KL 8Q 8796 ISSUED BY THE UNITED INDIA INSURANCE CO.LTD. P7: COPY OF THE NOTICE NO.RR1-809/2011 DTD.8.2.2011 ISSUED BY THE 2ND RESONDENT IN FORM 10 UNDER SECTION 34 OF THE RR ACT. P8: COPY OF THE NOTICE NO.RR1-809/2011 DTD.8.2.2011 ISSUED BY THE 2ND RESPONDENT IN FORM I UNDER SECTION 7 OF THE RR ACT. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- C.K.ABDUL REHIM, J. = = = = = = = = = = = = = WP(C).No.8989 of 2011-W. = = = = = = = = = = = = = Dated this the 29th June, 2011. J U D G M E N T Petitioner herein is the second respondent in OP(MV) No.434/2004, on the file of the Motor Accidents Claims Tribunal, Palakkad, which was disposed of through Ext.P1 Common Award passed along with two other connected cases. Petitioner is the driver of one of the vehicles involved in the accident. By virtue of Ext.P1 Common Award, the Tribunal granted compensation in all the three cases, which were directed to be paid by the petitioner jointly along with the owner of the said vehicle. 2. According to the petitioner, he was ex-parte in the proceedings before the Tribunal and he was saddled with the liability only because he could not property contest the matter before the Tribunal. Grievance of the petitioner is that on the basis of the steps for execution initiated at the instance of the third respondent herein, revenue recovery WP(C).No.8989/2011-W. 2 notices were issued for realising the amount of compensation covered under OP(MV)No.434/2004. Exts.P7 and P8 are the demand notices issued under the Kerala Revenue Recovery Act. 3. It is contended by the petitioner that against Ext.P1 Award passed in OP(MV)No.434/2004, the petitioner had already filed petition before the Tribunal seeking to set aside the exparte award. Exts.P4 and P5 are the petitions filed to set aside the exparte award as well as to condone delay occurred in filing such application. It is stated that those applications stand registered before the Tribunal as IA.No.900/2011 and IA.No.901/2011. Under the above circumstances, petitioner seeks to restrain coercive steps of recovery initiated pursuant to Exts.P7 and P8, till the disposal of the above said applications. 4. Heard; learned counsel appearing for the third respondent and Standing Counsel appearing for the fourth respondent. Since the petition to set aside the exparte WP(C).No.8989/2011-W. 3 award and to condone the delay in filing the same is pending consideration before the Tribunal, I am of the view that interest of justice will be served if a direction is issued to the Tribunal to consider and dispose of the matter and till such time to restrain the recovery steps. 5. Therefore, the writ petition is disposed of directing the Motor Accidents Claims Tribunal, Palakkad to consider and dispose of IA.No.900/2011 and IA.No.901/2011 in OP(MV)No.434/2004, after affording reasonable opportunity to all the parties concerned, as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. 6. Till such time the applications are disposed of by the Tribunal as directed above, the recovery steps initiated pursuant to Exts.P7 and P8 shall be kept in abeyance. C.K.ABDUL REHIM, (Judge) Kvs/-