K.P. Noushad vs Raveendran. K
2023 Latest Caselaw 6711 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

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

                          WP(C) NO.4203 OF 2023


PETITIONERS:

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

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


RESPONDENTS:

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

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

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

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


           SMT.PARVATHY K, G.P.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4203 OF 2023
                              :: 2 ::




                            JUDGMENT

Dated this the 20th day of June 2023

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.

2. 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 -

has failed to pay the compensation. Consequently, the

petitioner had preferred I.A.No.3/2021 before the WP(C) NO. 4203 OF 2023 :: 3 ::

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.

3. 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.

4. 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: WP(C) NO. 4203 OF 2023 :: 4 ::

(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.

The writ petition is ordered accordingly.

sd/-

C.S.DIAS JUDGE jes WP(C) NO. 4203 OF 2023 :: 5 ::

APPENDIX OF WP(C) 4203/2023

PETITIONER'S EXHIBITS:

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.