IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37273 of 2008(K)
1. M.S.BINU RAJ,MANNAKKATTU HOUSE,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KOTTAYAM.
... Respondent
2. THE NATIONAL INSURANCE COMPANY LTD.,
For Petitioner :SRI.BABY THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :21/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 37273 of 2008
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Dated this the 21st day of January, 2009
JUDGMENT
Petitioner was the claimant in OP(MV) No.70/2004 before the
MACT, Pala. Award was passed by the Tribunal against the second
respondent, by which the second respondent was directed to pay an
amount of Rs.77,300/- with interest and other charges.
2. According to the petitioner award has become final and
despite that the amount was not deposited. Petitioner filed E.P.No.
134/2007 for execution of the award and finally the Tribunal issued
Exhibit P2 order directing issuance of Revenue Certificate to the first
respondent for realising the amount from the second respondent.
3. Petitioner submits that though Exhibit P2 was issued as
early as on 20/11/2007, so far recovery has not been effected. It is with
that complaint, this writ petition has been filed praying to direct the
first respondent to recover the amount due from the 2nd respondent.
4. It is seen that Exhibit P2 order was passed by the Tribunal
on 20/11/2007. According to the petitioner, in spite of lapse of more
than one year, so far no recovery has been effected. This shows the sad
W.P.(C) No. 37273 / 2008
2
state of affairs. The petitioner being the victim of an accident and
having suffered injuries, the second respondent ought to have satisfy
the award even without an execution petition.
As already seen, on account of the failure of the second
respondent in satisfying the award, the Tribunal passed Exhibit P2 and
the first respondent has to effect the recovery without any delay. Since,
inordinate delay in realising this amount has already been caused, I
direct the first respondent to take further action in this recovery of the
amount due to the petitioner consequent to the award under O.P(MV)
No.70/2004 and this shall be done as expeditiously as possible.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
scm