IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34460 of 2008(B) -------------------------- OPMV.170/2004 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... PETITIONER : ------------------- K.P.PAILY, AGED 70,K.P.PURAVATH, KUNNASSERIL HOUSE,MADIRAPPILLY KARA KOTHAMANGALAM VILLAGE,KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.LELLULAL T.G.THUNDATHIL RESPONDENTS : ------------------------- 1. BINU.N.JACIB,MOOLAMKUZHIYIL HOUSE, VAZAPPILLY KARA,MOOVATTUPUZHA TALUK ERNAKULAM DISTRICT. 2. UNNIKRISHNAN, S/O.KRISHNAN, THURAVACKAL HOUSE, VELLOORKUNNAM VILLAGE, MOOVATTUPUZHA TALUK ERNAKULAM DISTRICT. 3. M/S.ORIENTAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, MOOVATTUPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 34460 of 2008 ---------------------------- Dated this the 20th day of November, 2008 JUDGMENT Heard counsel for the petitioner. It is submitted by the counsel for petitioner that against the award passed in O.P(MV) No.170 of 2004, the petitioner preferred M.A.C.A. No.2356 of 2008 assailing the dismissal of the petition and therein the petitioner has filed I.A. No.2806 of 2008 (Exhibit P6) seeking for staying the award passed by the tribunal and in the meanwhile the 3rd respondent in the O.P(MV) No.170 of 2004 obtained Exhibit P7 order filing I.A. No.1877 of 2008 directing issuance of revenue recovery certificate and that in the event of revenue recovery proceedings being initiated pursuant to the said order before orders are obtained on I.A. No.2806 of 2008 in M.A.C.A No.2356 of 2008, irreparable injury and hardship would be caused to the petitioner. In the result, I order stay of operation of Exhibit P7 order, for a period of one month from today. In the meanwhile, the petitioner may W.P(c) No. 34460/2008 2 if so advised, get appropriate orders on Exhibit P6 stay petition filed by him in M.A.C.A No.2356 of 2008. This writ petition is disposed of as above. K.P. BALACHANDRAN, JUDGE scm