The petitioner is before this Court being confronted with the coercive proceedings under the R.R. Act for realization of amount due as per the award passed by the MACT in OP(MV) No.497/99 in respect of the injuries sustained by the claimant.
2. The petitioner was the owner of the autorickshaw bearing No.KCE 4051, which according to the petitioner was sold to 5th respondent as early as on 31.8.1998. Subsequently the vehicle met with an accident leading to the claim petition and the ex-parte award passed by the Tribunal. The learned counsel for the petitioner submits that the petitioner could not challenge the award then and there and that the only relief pressed before this Court is to permit the petitioner to clear the liability in a phased manner, by providing reasonable instalments. Despite the service of urgent notice on admission, there is no representation for the respondents 4 and 5.
3. Heard the learned Govt. Pleader as well. W.P.C. No. 11417 of 2012 -2-
4. It is brought to the notice of this Court that the condition imposed by this Court on 23.05.2012, while ordering to maintain status quo by depositing a sum of Rs.10,000/-(Rupees ten thousand) is satisfied by the petitioner. In the said circumstances, the petitioner is permitted to clear the balance amount by way of 'five' equal monthly instalments the first of which shall be effected on or before the 15th of this month; to be followed by similar instalments to be effected on or before the 15th of the succeeding months. Subject to this, the recovery proceedings being pursued against the petitioner shall be kept in abeyance for the time being. It is made clear that, if any default is committed with regard to repayment of the amount as above, it will be open for the respondents to proceed against the petitioner and his assets for realization of the entire amount in lump, from the stage where it stands now.
Writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-