IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 11950 of 2004(V) 1. RAGHAVAN, S/O.MAYANDI, NELLIPADAM, ... Petitioner 2. GOVINDAN, S/O.KRISHNAN, Vs 1. THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, ... Respondent 2. THE DEPUTY TAHSILDAR, 3. THE VILLAGE OFFICER, 4. THE VILLAGE OFFICER, 5. THE NEW INDIA ASSURANCE CO.LTD, For Petitioner :SRI.T.C.MOHANDAS For Respondent : No Appearance The Hon'ble MR. Justice C.K.ABDUL REHIM Dated :07/09/2009 O R D E R C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No.11950 OF 2004 ------------------------------ Dated this the 7th day of September, 2009 J U D G M E N T
1. Challenge in this writ petition is against Ext.P2 to P7
notices issued under the provisions of the Kerala Revenue
Recovery Act against the petitioners for realisation of the
amounts awarded by the Motor Accident Claims Tribunal,
Palakkad, which was paid to the claimants by the 5th respondent.
In the awards of the Tribunal, right to recovery was permitted to
the 5th respondent on the ground that the driver of the vehicle
was not holding valid licence at the time of the accident.
Contention of the petitioners is that they were not having
knowledge about the awards and only when the recovery steps
were initiated they came to know about the liability. According
to the petitioners the person who was actually driving the vehicle
at the time of the accident was holding a valid licence. However
it is stated that the petitioners have already filed appeals against
the award in both the cases along with petitions for condonation
of delay, as early as in the year 2004. Therefore the limited
prayer is only to keep in abeyance the steps for recovery till the
appeals are considered by this Court.
2. Since it is admitted by the petitioners that they have
already resorted to the remedy by way of appeal as early as in
the year 2004, it is for them to seek appropriate relief from the
appellate Court. In this writ petition the petitioners have not
even produced copy of the award nor they are in a position to
challenge the award herein. Therefore the writ petition is
dismissed without prejudice to right of the petitioners to seek
appropriate relief in the appeals filed against the awards of the
C.K.ABDUL REHIM, JUDGE.