Kerala High Court
Manojkumar.S vs State Of Kerala on 26 December, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 26TH DAY OF DECEMBER 2023 / 5TH POUSHA, 1945
WP(C) NO. 44024 OF 2023
PETITIONERS:
MANOJKUMAR.S
AGED 47 YEARS
SON OF SREEDHARAN NAIR, MINI BHAVANAM, ERAVAMKARA,
KUNNAM P.O., MAVELIKKARA TALUK,
ALAPPUZHA DISTRICT, PIN - 690108
BY ADVS.
ALEX K.JOHN
SRAYAS JOSEPH
ANIL G. PILLAI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,
TRIVANDRUM, PIN - 605036
2 THE DISTRICT COLLECTOR
COLLECTRATE, ALAPPUZHA DISTRICT, ALAPPUZHA, PIN -
688001
3 SIVADASAN NAIR
AGED 50 YEARS
S/O.VELAYUDHAN NAIR, MAVOOTTIL VEEDU, EVOOR NORTH.,
CHEPPAD VILLAGE, HARIPAD, ALAPPUZHA DISTRICT., PIN -
690507
4 SOJI
AGED 35 YEARS
S/O.RAVEENDRAN, SOUDALAYALAM HOUSE, MANADIVIKAD,
KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT, PIN -
690516
5 ORIENTAL INSURANCE COMPANY LIMITED
REPRESENTED BY DIVISIONAL MANAGER, DIVISIONAL OFFICE,
THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689101
6 BAIJU
AGED 42 YEARS
S/O.JOHN, NANNATU VADAKKETHIL, CHERUMUKHA KARAYIL,
NOORNADU VILLAGE, ALAPPUZHA DISTRICT., PIN - 690504
ADV SREEJITH V S-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 44024 OF 2023
2
JUDGMENT
The petitioner was the 2nd respondent in
OP(MV)No.704/2010, on the file of Motor Accidents
Claim Tribunal, Mavelikkara. In the said case an
award has been passed by the Tribunal, granting
an amount of Rs.1,27,906/-, recoverable from the
insurer of the said vehicle, with interest at the
rate of 7.5% per annum from the date of petition
till realisation. As the insurer raised a
contention as to the violation of policy
conditions by the owner of the said vehicle, the
Tribunal permitted the insurer to recover the
said compensation after satisfaction of the award
from the petitioner herein, who was the
registered owner of the said vehicle.
Consequently, the insurer satisfied the award and
revenue recovery proceedings were initiated at
their instance against the petitioner and as part
of the same Ext.P1 demand notice was served upon.
WP(C) NO. 44024 OF 2023
2. The petitioner submits that, he was not
aware of the said proceedings as no notice of the
proceedings before the Claims Tribunal has been
received by him. He intends to file an
application to set aside the ex-parte order
against him, and he seeks a breathing time for
the same. He also contends that, he had already
transferred the said vehicle years ago, and as of
now the said vehicle is in possession of the 6th
respondent.
3. After hearing, the learned Counsel for
the petitioner as well as the Government Pleader,
I am of the view that this writ petition can be
disposed of granting a breathing time to the
petitioner, to invoke his statutory remedies.
Accordingly, it is ordered that the recovery
proceedings pursuant to Ext. P1 shall be kept in
abeyance for a period of one month from today.
This is only to enable the petitioner to move the
Tribunal to set aside the ex-parte order and to
WP(C) NO. 44024 OF 2023
seek appropriate reliefs.
Thus, the Writ Petition is disposed of with
the above direction without making any
observations on the merits of the case.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
sms
WP(C) NO. 44024 OF 2023
APPENDIX OF WP(C) 44024/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE TYPED COPY & ORIGINAL COPY OF THE
DEMAND NOTICE ISSUED BY THE DISTRICT
COLLECTOR, ALAPPUZHA IN THE NAME OF
PETITIONER HEREIN DATED 18.11.2023
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED
05.02.2005 FOR SALE OF VEHICLE OWNED BY
PETITIONER HEREIN WITH THE 6TH
RESPONDENT HEREIN WHO IS HAVING
POSSESSION OF THE VEHICLE AT THE TIME OF
ACCIDENT
