Kerala High Court
Shisupalan A.S vs Sri.Thoams Augstine @ Thankachan on 16 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
OP (MAC) NO. 12 OF 2024
AGAINST THE ORDER/JUDGMENT OPMV 1287/2010 OF MOTOR ACCIDENT CLAIMS
TRIBUNAL ,KOTTAYAM
PETITIONER/2nd RESPONDENT:
SHISUPALAN A.S.
AGED 48 YEARS
S/O.SADANANDAN, PORUVERIPARAMBIL HOUSE,
EDAPPALLY SOUTH VILLAGE, VENNALA P.O.,
ERNAKULAM, PIN - 682028
BY ADV R.PUSHPANGATHAN PILLAI
RESPONDENT/APPLICANT& RESPONDENTS 1,3,4 & 5:
1 SRI.THOAMS AUGSTINE @ THANKACHAN
MUNDADI HOUSE, KANNADI P.O.,
KUNNUMA VILLAGE, ALLEPPEY-686563
[NOW RESIDING AT AKAMALAYIL HOUSE,
MARIATHURUTHU P.O., KOTTAYAM ],
PIN - 686017
2 SUJEESH
MUKKUMURIYAM PARAMBU, SANGEETHA HOUSE,
PADIVATTOM, EDAPPALLY P.O.,
ERNAKULAM., PIN - 682024
3 THE ORIENTAL INSURANCE COMPANY LTD
DIVISIONAL OFFICE, MATTEETHARA BUILDING,
BEKAL JUNCTION, KOTTAYAM DISTRICT ,
REPRESENTED BY DIVISIONAL MANAGER,
PIN - 686001
OP (MAC) NO.12 OF 2024
2
4 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN - 682030
5 THE DEPUTY TAHSILDAR 1
KANAYANNUR TALUK, TALUK OFFICE,
KANAYANNUR, ERNAKULAM, PIN - 682312
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON
16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (MAC) NO.12 OF 2024
3
JUDGMENT
Dated this the 16th day of February, 2024
The petitioner has filed this writ petition seeking to
direct respondents 3 to 5 to forebear from all further revenue
recovery proceedings pursuant to issuance of Exts.P1 and
P1(a) demand notices for revenue recovery against the
petitioner.
2. The Revenue Recovery proceedings have been
issued pursuant to the steps taken by 3 rd respondent-
Insurance Company for recovering an amount of `2,20,075/-
on the basis of the stipulation contained in Ext.P3 Award
passed by the Motor Accident Claims Tribunal, Kottayam
and subsequent execution proceedings.
OP (MAC) NO.12 OF 2024
3. The petitioner is the driver of the offending
vehicle, which caused accident and the 2nd respondent is the
registered owner. The 2nd respondent is not coming forward
to sort out the liability, but is pushing down the petitioner for
shouldering the liability by the petitioner himself. The
petitioner has taken substantial grounds to maintain his
request through the O.P (MAC). If the prayers are not
allowed, he will be put to irreparable injury and hardship,
contends the petitioner.
4. When the O.P (MAC) came up for admission on
31.01.2024, the petitioner stated that he will deposit an
amount of ₹25,000/- on or before 15.02.2024.
5. When the matter came up for hearing today, it is
stated that the petitioner has deposited the said amount as
undertaken in this Court.
6. Standing Counsel for the 3rd respondent-
Insurance Company submitted that yet the petitioner is liable
OP (MAC) NO.12 OF 2024
to pay an amount of more than ₹1,95,000/- and the
petitioner has to pay the amount as early as possible.
7. The petitioner states that the petitioner is only an
Autorikshaw Driver and he is not in a position to remit the
entire balance amount in lump
8. Taking into consideration all the facts, I am of the
view that the petitioner can be granted an opportunity to
remit the amount in instalments.
The O.P (MAC) is therefore disposed of directing the
petitioner to remit the balance amount due and payable
pursuant to Exts.P1 and P1(a), in 20 equal monthly
instalments. It is made clear that the petitioner will also be
liable to pay revenue recovery charges. The first of such
instalments shall be paid on or before 15.03.2024. If the
petitioner adheres to the time schedule as prescribed above,
coercive proceedings against the petitioner shall stand
deferred. It is made clear that if the petitioner commits
OP (MAC) NO.12 OF 2024
default in making even a single instalment, the respondents
will be at liberty to proceed against the petitioner in
accordance with law.
Sd/-
N.NAGARESH
JUDGE
hmh
OP (MAC) NO.12 OF 2024
APPENDIX OF OP (MAC) 12/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ABOVE DEMAND NOTICES
RRC NO.2022/11724/05, DATED 06.07.2023
Exhibit P1(a) TRUE COPY OF THE ABOVE DEMAND NOTICES
RRC NO.2022/11724/05, DATED 06.07.2023
Exhibit P2 TRUE COPY OF THE O.P(M.V)
NO.1287/2010, DATED 11.11.2010 BEFORE
THE MOTOR ACCIDENT CLAIMS TRIBUNAL,
KOTTAYAM
Exhibit P3 TRUE COPY OF THE AWARD DATED
31.03.2014 IN O.P.(MV) NO.1287/2010
BEFORE THE MOTOR ACCIDENT CLAIMS
TRIBUNAL, KOTTAYAM
Exhibit P4 TRUE COPY OF THE E.P.NO. 69/2016 IN
O.P.(MV)NO.1287/2010 BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM,
DATED MARCH 2016
Exhibit P5 TRUE COPY OF THE APPLICATION
E.A.NO.1/2020 IN E.P.NO.69/2016 IN
O.P.(MV)NO.1287/2010 BEFORE THE MOTOR
ACCIDENT CLAIMS TRIBUNAL, KOTTAYAM,
DATED JANUARY 2020
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
10.06.2020 IN O.P.(MAC)NO.39/2020
PASSED BY THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE APPLICATION DATED
22.01.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
