In this writ petition challenging recovery proceedings against the vehicle owner, the High Court permitted the petitioner to satisfy the outstanding liability through four equal monthly installments to provide breathing time.
Petitioner permitted to clear liability by way of four equal monthly installments starting on or before 31.03.2010.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932
WP(C).No. 2175 of 2010(V)
------------------------- OPMV.1235/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ALAPPUZHA
PETITIONER:
THAHA.T.S, THUNDIPARAMBU, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER HAFSATH, W/O.THAHA, THUNDIPARAMBU, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT.
BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN
RESPONDENTS:
JO BHAVAN, KUNNUMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT.
R4 BY ADV. SMT.SARAH SALVY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.R. RAMACHANDRA MENON, J.
W.P.(C) No. 2175 OF 2010
......................................................................... Dated this the 23rd March , 2010
J U D G M E N T
The petitioner was the owner of the motor cycle bearing No.KL-4/C 7041, which met with an accident causing injuries to the person/6th respondent, who filed the claim petition O.P.(MV) No.1235 of 1998 before the M.A.CT, Alappuzha. The Tribunal passed final award as borne by Ext.P3, directing the insurer to satisfy the liability with liberty to have it realised later from the owner, in view of violation of the policy/statutory conditions. The petitioner is aggrieved of recovery proceedings initiatied at the instance of the 4th respondent/insurer and it is under challenge.
2
W.P.(C) No. 2175 OF 2010
of time, that the accident occurred . The learned Counsel for the petitioner submits that the petitioner might be permitted to clear the liability by way of reasonable installments. It is also brought to the notice of this Court that pursuant to the interim order passed by this Court on 22.01.2010, the condition imposed by this Court has been satisfied and that the balance amount is around Rs.25,000/-, which is sought to be cleared by way of reasonable installments.
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W.P.(C) No. 2175 OF 2010
stands now.
The Writ Petition is disposed of as above.
P.R. RAMACHANDRA MENON, JUDGE.
lk
1 issue framed by the court
Whether the petitioner can be permitted to clear the accrued liability through installment payments.
Thaha T.S
State of Kerala
Deputy Tahsildar (RR), Kuttanad
Village Officer, Thakazhi
National Insurance Company
Shareef
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
