Disposed

D. Ramachandran Pillai v. Oriental Insurance Company Ltd.

Kerala HC16 Feb 2018OP (MAC)/9/2018

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the petitioner to pay the compensation awarded against him by the Motor Accidents Claims Tribunal in six equal monthly installments, granting a stay on recovery proceedings contingent upon timely payment.

What did the court decide?

Stay of revenue recovery proceedings; order to remit the outstanding balance of compensation in six equal monthly installments.

D. Ramachandran Pillai Vs Oriental Insurance Company Ltd. — Consumer Protection | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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FRIDAY, THE 16TH DAY OF FEBRUARY 2018 / 27TH MAGHA, 1939 OP (MAC).No. 9 of 2018

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AGAINST THE COMMON AWARD IN OP(MV)NOS.702 & 706/2010 of M.A.C.T.,KOTTAYAM

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PETITIONER :

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D. RAMACHANDRAN PILLAI S/O DAMODHARAN PILLAI, PADMAVILASM VEEDU, KANDAMKARY, THAYAMKARY, P.O EDATHUA, ALAPPUZHA DISTRICT.

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BY ADV.SRI.PRASAD CHANDRAN

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RESPONDENTS :

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1. ORIENTAL INSURANCE COMPANY LTD.

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MAIN ROAD, KOTTAYAM-686531, REPRESENTED BY ITS MANAGER.

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2. THE DEPUTY THASILDHAR (R.R)

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KUTTANAD TALUK, ALAPPUZHA DISTRICT - 63241.

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3. SHITHIN P KOSHY,

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PALANIKUNNATHIL HOUSE, NALIKALIKKAL PO,

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ARANMULA, PATHANAMTHITTA DISTRICT.683514.

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4. AJO V KURIAN,

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VATHAPPALLIL HOUSE, MADAPPALLY PO,

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CHANGANACHERRY, KOTTAYAM DISTRICT - 686101.

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R2 BY SR.GOVERNMENT PLEADER SRI.K.P.HARISH

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R1 BY ADV.SMT.K.S.SANTHI

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 9 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF COMMON AWARD IN OP(MV) NO.702 & 706/2010 DATED 18.2.2012 OF THE MACT, KOTTAYAM

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EXHIBIT P2 A TRUE PHOTOCOPY OF THE REVENUE RECOVERY NOTICE DATED 4.12.2017.

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RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

ANIL K.NARENDRAN, J.

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O.P.(MAC).No.9 of 2018

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Dated this the 16^th day of February, 2018

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J U D G M E N T

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The petitioner, who is the 1^st respondent in O.P.(MV).Nos.702 and 706 of 2010 on the files of the Motor Accidents Claims Tribunal, Kottayam, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking an order of stay of all further proceedings in Ext.P2 revenue recovery notice dated 04.12.2017 issued by the 2^nd respondent pursuant to Ext.P1 ex-parte award passed by the Tribunal in those claim petitions.

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On 29.01.2018, when this original petition came up for admission, the learned counsel for the 1^st respondent insurer sought time to get instructions. This Court has granted an interim stay of all further proceedings pursuant to Ext.P2 notice for a period of one month, on condition that the petitioner deposits a sum of 25,000/-₹ within two weeks and a further sum of 25,000/- within two weeks₹ thereafter.

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Heard the learned counsel for the petitioner, the learned counsel appearing for the 1^st respondent insurer and also the learned Senior Government Pleader appearing for the 2^nd respondent. Service of notice on respondents 3 and 4, who are the claimants in O.P. (M.V.)No.702 and 706 of 2010, is dispensed with since the insurer had

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O.P.(MAC)No.9 of 2018

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already paid the compensation awarded by the Tribunal in Ext.P1 award to the claimants, with the right to recover the said amount from the petitioner, who is the owner-cum-driver of the offending tipper lorry bearing registration No.KL-10/E-8047.

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During the course of arguments, the learned counsel for the petitioner would submit that the petitioner has already remitted ₹25,000/- in terms of the interim order of this Court dated 29.01.2018 and that, he is prepared to remit the balance amount in monthly installments, for which he requires a reasonable time.

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The learned counsel for the 1^st respondent insurer would submit that the insurer has no objection in this Court granting a reasonable opportunity to the petitioner to pay off the amount in monthly installments.

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Having considered the submissions made by the learned counsel on both sides, this original petition is disposed of with the following directions :

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The petitioner shall remit the balance amount outstanding in respect of Ext.P1 award, along with future interest (less 25,000/- deposited in terms of₹ the interim order of this Court dated 29.01.2018), in six equal monthly installments commencing from 01.03.2018 and the subsequent installments

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O.P.(MAC)No.9 of 2018

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payable on or before the 1^st day of the succeeding months.

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If the petitioner is remitting the aforesaid installments in time, without any default, all recovery proceedings pursuant to Ext.P2 notice shall be kept in abeyance, so as to enable the petitioner to remit the amount as above.

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In case of any default committed by the petitioner in remitting any one of the aforesaid installments, it would be open to respondents 1 and 2 to proceed further with coercive steps, in accordance with law.

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Sd/ANIL K.NARENDRAN JUDGE

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D. Ramachandran Pillai v. Oriental Insurance Company Ltd.

Case brief

What is this about?

What did the court decide?

D. Ramachandran Pillai v. Oriental Insurance Company Ltd.

Case brief

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