IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 314 of 2011. Decided on: 12.10.2011. Hoshiar Singh … Appellant. Versus State of H.P. and ors. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C. J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the Appellant : Mr. Jagdish Thakur, Advocate. For the Respondents : Mr. Ankush Dass Sood, Addl.A.G. with Mr. J.K. Verma,Dy.A.G. for respondents No. 1 to 3. Justice Kurian Joseph, C.J. (Oral) CMP (M) No. 1041 of 2011 Heard. Application is allowed and the delay in filing the appeal is condoned. Application stands disposed of. LPA No. 314 of 2011 Writ petitioner has come up in appeal aggrieved by the judgment, dated 28th April, 2011, in CWP(T) No. 12512 of 2008. The said writ petition was filed when 50% of the award amount was sought to be recovered from the appellant-petitioner on the - 2 - ground that the Motor Accident Claims Tribunal had returned a finding that the appellant-petitioner was negligent and that the liability of compensation is joint and several. So long as the finding of the Tribunal is not unsettled in any process known to law, the steps for recovery initiated by the State cannot be faulted. Therefore, it is for the appellant-petitioner, if so advised, to take appropriate action in accordance with law. Subject to the above liberty, the appeal is dismissed, making it further clear that the judgment of the learned Single Judge shall not stand in the way of the appellant-petitioner taking recourse to the remedy of appeal and then approaching the Government in case the appeal is decided in his favour. It is also made clear that in case the appellant-petitioner approaches for recovery in affordable installments, same shall also be considered, with the required indulgence. 2. In view of the dismissal of the main appeal, pending application (s), also stands dismissed. (Justice Kurian Joseph), Chief Justice October 12, 2011. (Justice Rajiv Sharma), (sck/pankaj) Judge.