R. Karunamoorthy vs Radhakrishna Pillai, Jayasree and Rakhi Radhakrishnan

K. Vinod Chandran, J.—The petitioner is the owner and driver of a motor vehicle, which was involved in a motor accident leading to the death of the son of the 1st and 2nd respondents, who, along with the 3rd respondent, the sister of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal, Alappuzha. Despite the petitioner being impleaded as the 4th respondent, he neither appeared before the Tribunal nor contested the claim petition. The accident occurred when the car driven by the petitioner collided with a stationary lorry which was parked on the road. Negligence was found on the part of the petitioner as also the lorry driver; which was apportioned respectively at the rate of 75% and 25%. Since the policy which was taken out in the name of the petitioner with respect to the car which he owned and was driving, was a policy covering third party liability alone, the Tribunal mulcted 75% liability on the petitioner by Exhibit P1 award. The petitioner neither attempted to set aside the ex parte award passed; nor did he file appeal.

The petitioner, aggrieved by the recovery steps initiated on the basis of Exhibit P1 award, was before this Court seeking keeping in abeyance of the recovery steps on the ground that the entire liability would be satisfied within a period of three months. This Court, by an interim order, dated 29.10.2013, directed that an amount of Rs. 3,00,000/- (Rupees three lakhs only) be deposited in three monthly instalments, starting from 20.11.2013. Though an amount of Rs. 1,00,000/- (Rupees one lakh only) was deposited on 20.11.2013, the further instalments directed by this Court was not made. The petitioner has filed an application for extension of time. The respondents, who were the claimants before the Tribunal, though were issued with notice, have not chosen to appear, despite service having been completed on them.

In the circumstances placed before this Court by the learned counsel appearing for the petitioner and also on going through the affidavit filed in support of the application for extension of time, this Court deems it fit that the time be extended by another two months from today, especially since such extension of time would ensure to the claimants in getting expeditious disbursal of the amounts awarded. It is also pointed out by the learned counsel for the petitioner that though this Court has directed deposit of Rupees Three lakhs, the amounts awarded as per Exhibit P1 along with interest would not come to an amount of Rupees Three lakhs and it would be a little lesser. Needless to say, that the amounts to be deposited by the petitioner is only the amount that would be computed on the basis of Exhibit P1 award. It is directed that the recovery against the petitioner shall be kept in abeyance for two months, within which time the entire amounts as per Exhibit P1 shall be deposited before the Motor Accidents Claims Tribunal, Alappuzha. The amount of Rs. 1,00,000/- (Rupees one lakh only) already deposited on 20.11.2013 shall, definitely, be given credit and the Tribunal shall expeditiously disburse the said amounts to the claimants before the Tribunal, if the deposit is not made as directed above, necessarily recovery steps will have to be expedited against the petitioner.

The writ petition is disposed of as above. No costs.