Kerala High Court
Sujith Satheesan vs The Deputy Collector, Idukki District on 8 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 39520 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 39520 OF 2024
PETITIONER:
SUJITH SATHEESAN,
AGED 24 YEARS
S/O. SATHEESAN, CHERUKARAYIL 105 (HOUSE), SENAPATHY,
KANTHIPPARA VILLAGE, IDUKKI DISTRICT, PIN - 685619
BY ADVS.
RAYJITH MARK
K.Y.SAJEEB
RESPONDENTS:
1 THE DEPUTY COLLECTOR, IDUKKI DISTRICT
PAINAVU P O, KUYILIMALA,IDUKKI,, PIN - 685603
2 HUSSAIN
S/O ABDULLAH, KOTTAYIL HOUSE, KUTTIKKAATUKARA PO, ELOOR,
ERNAKULAM DISTRICT, PIN - 683504
3 THE ORIENTAL INSURANCE CO. LTD
PUMP JUNCTION, PATTAMANA BUILDING, RAILWAY STATION RD,
PERIYAR NAGAR, ALUVA,, PIN - 683101
SRI. SREEJITH V.S.-GP,
SRI. GEORGE A. CHERIAN-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 8th day of November, 2024
The present Writ Petition has been filed impugning
notice issued to the petitioner under the provisions of the
Kerala Revenue Recovery Act, 1968, to recover the amount
of compensation awarded by the Motor Accidents Claims
Tribunal in OP(MV) No.1598/2018 filed by one Jeenu. The
petitioner, who was driving the offending vehicle arrayed as
the 1st respondent and the 2nd respondent was the owner of
the vehicle. The petitioner and the owner of the vehicle
remained absent despite service of summons to them, and
therefore, they were set exparte. The Tribunal recorded that
the petitioner, the driver of the offending vehicle, was
driving the vehicle without having proper/valid driving
license. Therefore, the petitioner and the 2 nd respondent
were held liable. The 3rd respondent was the insurance
company which was directed to pay the amount of
compensation to the complainant and recover it from the
petitioner. The final direction issued by the Tribunal read as
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under:
"In the result:
1. The petition is allowed in part with proportionate cost.
2. Just compensation due to the petitioner is quantified as
Rs.4,39,047/-(Rupees Four Lakhs Thirty Nine Thousand and
Forty Seven Only)
3. R3 shall satisfy the award with the interest at 8% per annum
from the date of petition till the date of transfer within 30 days
from today. 3rd respondent shall transfer the amount as per the
terms of Circular No.3/2019 of Hon'ble High Court and
clarified further in OM No.3/2019, dated 07.01.2019.
4. R3 shall produce a cheque for Rs.14,373/-(Rupees Fourteen
Thousand Three Hundred and Seventy Three Only) in the
name of MACT, Ernakulam towards balance court fee.
5. R3 shall also deposit balance amount in the account of the
petitioner, details of which shall be produced by the
petitioner, through electronic fund transfer and petitioner is
at liberty to release the amount forthwith.
6. R3 is entitled to recover the amount from R1.
7. R3 shall file a statement regarding payment of award amount
as directed above immediately after transfer."
3. The learned counsel for the petitioner submits that
while deciding issue No.4, the Tribunal was of the opinion
that the insurance company could recover the amount of
compensation paid to the complainant from the 2 nd
respondent, the owner of the vehicle.
4. What is to be seen is that, what are the final directions
issued by the Tribunal. Some mistakes on fact may have
occurred while deciding the issue No.4. But the final
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direction is very clear that the insurance company is entitled
to recover the amount from the petitioner.
5. In view thereof, I do not find that there is any error in
issuing the revenue recovery notice to the petitioner to
recover the said amount. Thus, the writ petition is without
any merit, which is hereby dismissed.
Any finding of fact recorded in the aforesaid judgment
shall not influence the Appellate Court, if an appeal is filed
challenging the Tribunal's award.
Sd/-
D. K. SINGH
JUDGE
AP
WP(C) NO. 39520 OF 2024
2024:KER:83293
APPENDIX OF WP(C) 39520/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 21.01.2021
PASSED BY THE ADDL. MACT, ERNAKULAM IN OP MV
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 12.05.2022
PASSED BY THE JFCM, KALAMASSERY IN ST 1281/2018
Exhibit P4 A TRUE COPY OF THE SHOW CAUSE NOTICE DTD.
10.10.2024 ISSUED BY THE 1ST RESPONDENT - DEPUTY
COLLECTOR, IDUKKI
Exhibit P5 A TRUE COPY OF THE REPLY DATED 04.11.2024
SUBMITTED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT
