Petitioner was the registered owner of the Motor Cycle bearing Registration No.KL 2M 8409, which according to the petitioner was handed over to 'M/s.Surya Automobiles, Pathanapuram', after executing a sale agreement for the purpose of exchange with another bike. It is stated that, the above dealer subsequently sold the vehicle to somebody else. But, it got involved in a road traffic accident in the year 2009, causing injury to a third party, which led to OP(MV) No.1382 of 2009, filed before the concerned Tribunal. After considering the claim, the Tribunal passed an award and since there was no insurance coverage, the liability now stands mulcted upon the petitioner, being the registered owner of the vehicle. It is stated that the petitioner did not have proper notice of the proceedings. The learned counsel submits that, the petitioner however does not intend to dispute the liability and the prayer is only to enable the W.P.(C) No.30694 of 2014 2 petitioner to liquidate the liability by way of reasonable instalments.
2. Heard the learned Government Pleader as well.
3. In view of the fact that, the petitioner does not propose to challenge the award and since the relief sought for is to a limited extent, the petitioner is permitted to clear the entire outstanding liability flowing from Exts.P1 and P2 notices, including collection charges, by way of 'four' equal monthly instalments, the first of which shall be effected on or before the 10th of December, 2014, followed by similar installments, to be effected on or before the 10th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to satisfaction of the entire liability as above, it will be open for the respondent to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The petitioner shall produce a copy of this judgment, along W.P.(C) No.30694 of 2014 3 with a copy of the writ petition, before the respondent, for further steps.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp