Allowed

K.P. Noushad v. Raveendran. K

Kerala HC20 Jun 2023WP(C)/4203/2023

Case brief

AI extract

What is this about?

The High Court allowed the writ petition directing the District Collector to initiate revenue recovery proceedings under the Revenue Recovery Act against the insurer within one month to realise the compensation award against it. The petitioner's claim against the insurer remained unpaid despite a Tribunal order.

What did the court decide?

Directed the District Collector to initiate revenue recovery proceedings against the insurer within one month to realise the compensation awarded by the Tribunal.

K.P. Noushad Vs Raveendran. K — Motor Accident Claims | Kerala HC (2023)

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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 C.S.DIAS

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TUESDAY, THE 20^TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

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WP(C) NO.4203 OF 2023

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PETITIONERS:

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K.P. NOUSHAD, AGED 45 YEARS S/O M.P.ABDULRAHMAN, RESIDING AT AYISHAMANZIL, , VIVEKANANDA ROAD-P.O. CHIRAKKAL, KANNUR, PIN – 670 008

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BY ADVS.M.K.SUMOD ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) VIDYA M.K.

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RESPONDENTS:

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1 RAVEENDRAN. K, AGED 67 YEARS S/O GOPALAN.K, RESIDING AT " KANAYI HOUSE", PAYYATAM, PO IRANAVU, CHERUKUNNU, KANNUR, PIN – 670 301

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2 THE UNIVERSAL SOMPO GENERAL INSURANCE CO LTD GRACE CORNER, KALLOOR- KADAVANDRA ROAD,PO KADAVANDRA, ERNAKULAM, PIN – 682 020

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3 THE DISTRICT COLLECTOR FIRST FLOOR OF CIVIL STATION ECHAMUKU, KUNNUMPURAM, KAKKANAD, ERNAKULAM, PIN – 682 030

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4 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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SMT.PARVATHY K, G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4203 OF 2023

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:: 2 ::

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JUDGMENT

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Dated this the 20^th day of June 2023

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The writ petition is filed to direct the third respondent to initiate proceedings under the Revenue Recovery Act against the second respondent, to realise the compensation amount awarded as per Ext.P1 award.

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The petitioner’s case is that he was a claimant in O.P.(MV)No.805/17 filed before the Motor Accident Claims Tribunal, Thalassery (in short ‘Tribunal’). The Tribunal, by Ext.P1 award, allowed the claim petition by permitting the petitioner to realise an amount of Rs.33,10,500/- with interest and cost from the respondents 1 and 2. Eventhough the award was passed on 10.7.2021, the second respondent – insurer -

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has failed to pay the compensation. Consequently, the petitioner had preferred I.A.No.3/2021 before the

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WP(C) NO. 4203 OF 2023

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:: 3 ::

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Tribunal, to issue a certificate under Section 174 of the Motor Vehicles Act, 1989. The Tribunal, by Ext.P2 order, has allowed the application and has issued a certificate under Section 174 of the Act to the third respondent. Despite the said order being communicated to the third respondent, no action has been taken to recover the compensation by initiating revenue recovery proceedings. Hence, the writ petition.

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Heard; Sri.M.K.Sumod, the learned counsel appearing for the petitioner and Smt.Parvathy.K, the learned Government Pleader appearing for the respondents 3 and 4. Service is complete on respondents 1 and 2.

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Having considered the pleadings and materials on record and taking note of the fact that Ext.P2 order was passed by the Tribunal on 3.12.2021, by issuing a certificate under Section 174 of the Act, I deem it appropriate to allow the writ petition as follows:

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WP(C) NO. 4203 OF 2023

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(i) The third respondent is directed to forthwith initiate proceedings under the Revenue Recovery Act, as against the second respondent, to realise the compensation amount as per Ext.P1 award, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of the judgment.

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The writ petition is ordered accordingly.

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sd/C.S.DIAS JUDGE

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jes

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WP(C) NO. 4203 OF 2023

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:: 5 ::

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APPENDIX OF WP(C) 4203/2023

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PETITIONER’S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE AWARD PASSED BY THE MACT, THALASSERY IN OP(MV) 805/2017 DATED: 30/7/2021. Exhibit P2 TRUE COPY OF THE ORDER DATED 3/12/2021 IN IA 03/2021 IN OP(MV) 805/2017 OF THE MACT, THALASSERY.

K.P. Noushad v. Raveendran. K

Case brief

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K.P. Noushad v. Raveendran. K

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