High Court Kerala High Court

Smt.M.Vijayakumari vs New India Assurance Company on 3 October, 2007

Kerala High Court
Smt.M.Vijayakumari vs New India Assurance Company on 3 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29102 of 2007(M)


1. SMT.M.VIJAYAKUMARI,
                      ...  Petitioner

                        Vs



1. NEW INDIA ASSURANCE COMPANY,
                       ...       Respondent

2. NARYANAN KUTTY, S/O.KRISHNANKUTTY NAIR,

3. DEPUTY TAHSILDAR, REVENUE RECOVERY,

                For Petitioner  :SRI.P.R.VENKETESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :03/10/2007

 O R D E R
                      ANTONY DOMINIC, J.
                     ===============
                  W.P.(C) NO. 29102 OF 2007
                ====================

            Dated this the 3rd day of October, 2007

                          J U D G M E N T

In pursuance to the award of the Motor Vehicles Tribunal in

OP(MV) Nos.1313/94, 1316/94, 1317/94, 1318/94 and 3385/94,

revenue recovery proceedings are now initiated against the

petitioner for realisation of the dues. Petitioner submits that her

husband was the registered owner, who is no more and that

petitioner alone is proceeded against. According to her, 2nd

respondent was the driver of the vehicle and that despite assets

available with him, no steps are taken although he is also made

liable in terms of the award. Highlighting her grievances,

petitioner has submitted Ext.P2 representation before the 3rd

respondent, which is also stated to be pending.

2. Taking into account the above, I dispose of the writ

petition directing that the revenue recovery proceedings initiated

by Ext.P1 shall be deferred, on the petitioner remitting 50% of

the amount due within one month from today. The 3rd respondent

WPC 29102/07
: 2 :

also shall in the meanwhile consider Ext.P2 and take a decision

thereon.

Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp