IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 1281 of 2009(C) ------------------------- PETITIONER(S): --------------------- M.K.RAMAKRISHNAN,AGED 52 YEARS, S/O.KUTTAN, MUTTATHARA HOUSE, PAIMATTOM KARA KUTTAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ELDHO PAUL RESPONDENT(S): ----------------------- 1. THE VILLAGE OFFICER, KUTTAMANGALAM VILLAGE, PAIMATTAMKARA. 2. THE DISTRICT COLLECTOR, CIVIL STATION 'K AKKANAD, ERNAKULAM. 3. MANOOP K.E.S/O.IBRAHIM, AGE 24 YEARS, KAVALAKKAL HOUSE, NELLIKUZHI KOTHAMANGALAM. 4. THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO.LTD.,MUVATTUPUZHA. 5. YUSUF, S/O.ABDUL RAHIMAN, KAROTHUKUZHI HOUSE, KANDAMTHARA KARA, VENGOLA VILLAGE. 6. THE UNITED INDIA INSURANCE CO.LTD. KOCHI.P.O. BY GOVT.PLEADER SRI. C.K. GOVINDAN. ADV. SMT.ANEY PAUL FOR R3 SRI.PHILIP J.VETTICKATTU FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 1281/2009. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE COMMON JUDGMENT PASSED BY THE MACT MUVATTUPUZHA DATED 3.12.2007 INCLUDING O.P.(MV) NO.371/04. EXT. P2 : TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO SET ASIDE THE EXPARTE AWARD DATED 16.6.2008. EXT. P3 : TRUE COPY OF DEMAND NOTICE DT. 24.12.2008 ISSUED BY THE 1ST RESPONDENT. EXT. P4 : TRUE COPY OF THE JUDGMENT IN WPC. 34403/2008 DATED 4.12.2008 OF THIS HONOURABLE COURT. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No. 1281 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2009 JUDGMENT By a common judgment MACT, Muvattupuzha passed an award against the petitioner, who is the registered owner of the vehicle. Though petitioner filed application for setting aside the ex-parte award passed in O.P.(MV) 371 of 2004, that was dismissed. Petitioner is faced with recovery at the instance of the fourth respondent, which, according to the petitioner, has paid off the claimants. Learned counsel for the petitioner points out that the petitioner proposes to challenge the matter before the appellate forum. Having regard to the facts, the writ petition is disposed of directing that recovery steps pursuant to Ext.P1 award in O.P.(MV). 371 of 2004 will be kept in abeyance for a period of ten weeks from today. (K.M. JOSEPH, JUDGE) sb