P G THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the first respondent in O.P.(MV) No.1142 of 2011 on the file of the Additional Motor Accidents Claims Tribunal-IV, Pathanamthitta, which is a claim petition filed by the fifth respondent herein, under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained in a motor accident, which occurred on 06.02.2011, involving an autorickshaw bearing registration No.KL-07-E102, owned and driven by the petitioner. She filed claim petition before the Tribunal claiming a total compensation of Rs 8,50,000/-, against the petitioner and also the Insurance Company. Before the Tribunal, the petitioner was set ex-parte and the Tribunal by Exhibit-P4 award dated 07.09.2016 awarded a compensation of Rs 1,77,426/- together with interest at the rate of 9% per annum from the date of petition. Based on the award passed by the Tribunal, recovery proceedings were initiated against the petitioner, which resulted in Exhibits-P2 and P3 demand notices dated 17.01.2018, demanding a sum of Rs 2,86,816/-.

(2.) On receipt of Exhibits-P2 and P3 demand notices, the petitioner filed I.A.Nos.932 of 2018 and 933 of 2018 in O.P.(M.V) No.1142 of 2011 seeking an order to set aside Exhibit-P4 ex-parte award and also to condone the delay of 504 days in filing I.A.No.932 of 2018. Thereafter, the petitioner moved this Court in Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to set aside Exhibits-P2 and P3 demand notices and a writ of mandamus commanding respondents 2 to 4 to keep in abeyance all further proceedings based on Exhibits-P2 and P3 demand notices till the disposal of Exhibits-P5 and P6 applications filed before the Tribunal.

(3.) On 27.02.2018, when this Writ Petition came up for admission, the learned counsel for the petitioner submitted that there is a likelihood of the matter being settled through mediation. After recording the said submission, this Court issued urgent notice on admission by special messenger to the fifth respondent, returnable on 01.02018. Learned Senior Government Pleader took notice on admission for respondents 1 to 4.