The petitioner was held liable for an insurance payment and faced revenue recovery proceedings. The insurance respondent claimed the debt was fully recovered via cheques and closed the execution petition. The court quashed the recovery demand notice.
The writ petition was allowed; the Ext.P9 demand notice for recovery of amount was quashed; no costs.
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 V.CHITAMBARESH
FRIDAY, THE 8TH DAY OF NOVEMBER 2013/17TH KARTHIKA, 1935
WP(C).No. 23003 of 2013 (A)
PETITIONER(S):
P.C. JOSEPH, AGED 59 YEARS, S/O.CHACKO, PANACKAL HOUSE, SOUTH CHITTOOR COCHIN 27
BY ADVS.SRI.SHAIJAN C.GEORGE
SRI.M.T.AJITH
SMT.S.REKHA KUMARI SMT.SAJITHA GEORGE
RESPONDENT(S):
1. VILLAGE OFFICER
CHERANELLOOR VILLAGE, ERNAKULAM 683518
2. TAHASILDAR(RR) KANAYANNOOR TALUK, ERNAKULAM 682 010
3. THE NATIONAL INSURANCE COMPANY LTD M.G ROAD BRANCH, ERNAKULAM COCHIN 682016
R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN R3 BY ADV. SRI.M.A.GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23003 of 2013 (A)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.P(MV) NO 533/08 DATED 27-06-2011
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN MACA 1177/12 DATED 1-11-2012
EXHIBIT P3 TRUE COPY OF THE BANKER'S CHEQUE DT 14-11-2012
EXHIBIT P4 TRUE COPY OF RECEIPT ISSUED BY THE JUNIOR SUPERINTENDENT OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ERNAKULAM DATED 12-12-2012
EXHIBIT P5 TRUE COPY OF THE BANKER'S CHEQUE HAVING NO 617558 DATED 14-1-2013
EXHIBIT P6 TRUE COPY OF THE BANKER'S CHEQUE DT 13-2-2013
EXHIBIT P7 TRUE COPY OF THE BANKER'S CHEQUE DT 14-03-2013 HAVING NO 617653
EXHIBIT P8 TRUE COPY OF THE BANKER'S CHEQUE DT 15-04-2013
EXHIBIT P9 TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT DATED 21-06-2013
RESPONDENTS' EXHIBITS
NIL
//True copy//
P.A. TO JUDGE
Shg/
V. CHITAMBARESH, J.
- - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23003 OF 2013
- - - - - - - - - - - - - - - - - - - - - - -
Dated this the 8th day of November, 2013
J U D G M E N T
The insurance company was directed to effect payment in O.P.(M.V.) No.533/2008 on the file of the Motor Accidents Claims Tribunal, Ernakulam. But the amount paid was directed to be recovered from the petitioner who was made liable under the award. The refusal to pay the amount resulted in the revenue recovery proceedings being initiated by the third respondent insurance company.
Ext.P9 demand notice is quashed and the writ petition is allowed. No costs.
Sd/-
Shg/
V. CHITAMBARESH JUDGE
1 issue framed by the court
Whether revenue recovery proceedings initiated by the insurance company for amount already paid to the petitioner should be continued.
P.C. Joseph
National Insurance Company Ltd
Tahasildar(RR) Kanayannoor Taluk
Village Officer Cheranelloor Village
V. Chitambarresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
