The petitioner's grievance is against the revenue recovery proceedings initiated as per Ext.P3. The petitioner admittedly was the registered owner of a vehicle which was involved in an accident in which one Chandrasekharan suffered fatal injuries. The mother, wife and children of the deceased Chandrasekharan, impleaded herein as respondents 4 to 7, filed a Claim Petition before the Motor Accidents Claims Tribunal, Ottappalam. By Ext.P2 award compensation was granted but the insurance company was absolved from the liability to indemnify the registered owner for violation of policy conditions. 2. The insurance company admittedly has paid the entire amount as directed by the Tribunal, but, however was granted liberty to recover the amounts so paid from the registered owner. The registered owner, the petitioner W.P.(C) No. 13416 of 2014 2 herein admittedly has not challenged the award passed by the Tribunal.
3. In such circumstance, the only prayer that could be effectively urged before this Court is with respect to the payment of the demand raised in instalments. Considering the averments made by the learned counsel for the petitioner, it is directed that the amounts demanded as per Ext.P7 shall be settled on the following terms and conditions:-
(i) The petitioner shall produce a certified copy of this judgment before the 2nd respondent within two weeks of receipt of the same.
(ii) The 2nd respondent shall quantify the amounts due under the various transactions of the petitioner and inform the petitioner in writing the amounts due as on 15.06.2014.
(iii) The 2nd respondent shall grant twelve monthly instalments for the payment of the balance dues, starting from 27.06.2014.
W.P.(C) No. 13416 of 2014 3
(iv) Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making two consecutive defaults, the recovery steps initiated shall revive and continue.
(vi) On the 12th instalment being satisfied, the respondent shall issue a statement of the interest accrued from 15.06.2014 which shall be satisfied by the petitioner on the 27th of the succeeding month.
(vii) On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
Writ Petition is disposed of as above, making it clear that the respondent will be free to proceed with the recovery if the above conditions are not complied with.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // True Copy //