Petitioner seeking instalment payment for motor accident dues. Court permitted 10 monthly instalments with suspension of recovery proceedings upon timely compliance.
Directed payment of dues in 10 equal monthly instalments from 04.02.2019; recovery proceedings kept in abeyance on timely compliance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY,THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940
WP(C).No. 1497 of 2019
PETITIONER:
ABDUL SATHAR, AGED 42 YEARS, S/O.MOHAMMED KUNJU, MAROTTIPARAMBU HOUSE, NORTH VAZHAKULAM, ERNAKULAM-686670.
BY ADVS.SRI.ABDUL JALEEL.A
SMT.M.A.SULFIA SRI.K.M.ABDUL MAJEED SRI.M.J.PAVU SRI.P.J.SHIJO
SRI.VARUN V GOPAL
RESPONDENTS:
1 DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM.
2 THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KUNNATHUNADU TALUK, ERNAKULAM.
3 THE ORIENTAL INSURANCE CO. LTD, B.O., PALLURUTHY, 2ND FLOOR, PUTHENPURAKKAL CHAMBERS, VELI, PALLURUTHY, KOCHI-682 006 REPRESENTED BY REGIONAL MANAGER, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, ERNAKULAM, KOCHI-18.
R3 SMT.K.S.SHANTHI, STANDING COUNSEL, ORIENTAL INSURANCE COMPANY LIMITED.
R1&R2 SRI.K.P.HARISH, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was the 2nd respondent in O.P.(MV)
No.168 of 2014 on the file of the Motor Accidents Claims Tribunal, Ernakulam, which was a claim petition filed under Section 166 of the Motor Vehicles Act, claiming compensation in a motor accident, which occurred on 29.09.2013, involving a vehicle driven by the petitioner. Since the petitioner, who was the owner-cum-driver, was not having a driving licence at the time of accident, the Tribunal passed an award directing the 3rd respondent, who is the insurer of the said vehicle, to pay the amount of compensation together with interest and cost to the claimant in O.P.(MV) No.168 of 2014 and the insurer was, thereafter, permitted to recover the said amount by proceeding against the petitioner. The award passed by the Tribunal was an ex-parte award.
the petitioner, as evident from Ext.P1 demand notice, demanding a sum of Rs.1,43,692/- together with interest.
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Now the petitioner is before this Court in this writ petition, seeking a writ of mandamus commanding the respondents
to permit him to remit the dues covered by Ext.P1 demand notice, in 14 monthly instalments.
learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 3rd respondent insurer.
Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of with the following directions;
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i) The petitioner shall pay off the entire dues covered by Ext.P1 demand notice together with future interest, in 10 equal monthly instalments, commencing from 04.02.2019 and the subsequent instalments payable on or before the 4th day of the succeeding months.
ii) On such remittance being made, the 2nd respondent shall deposit the same with the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) No.168 of 2014 and thereafter, it would be open to the 3rd respondent insurer to receive the said amount from the Tribunal.
iii) If the petitioner is remitting the aforesaid instalments in time, without any default, all recovery proceedings pursuant to Ext.P1 demand notice shall be kept in abeyance by the 2nd respondent Deputy Tahsildar.
iv) In case of any default committed by the petitioner in remitting any one of the aforesaid instalments, in time, it would be open to the respondents to proceed further with the coercive steps initiated against the petitioner.
Sd/-
ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF DEMAND NOTICE DATED 19.12.2018.
EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 04.01.2019.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
Abdul Sathar
District Collector, Kakkannad
Deputy Tahsildar (Revenue Recovery), Kunnathunadu Taluk
The Oriental Insurance Co. Ltd
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
