ABU THAHIR Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners herein are arrayed as respondents 1 and 2 in O.P. (M.V.) No.845 of 2004, on the file of the Motor Accidents Claims Tribunal, Palakkad, which is a claim petition filed by one Bhaskaran, the husband of the third respondent herein, under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the injuries sustained by him in a motor accident which occurred in the year 2004, involving a jeep bearing registration No.KL-11B/2741 owned by the first petitioner and driven by the second petitioner. Since the said vehicle was not covered by a valid insurance policy, the Tribunal passed an award dated 30.9.2004, whereby the claimant was permitted to recover a sum of Rs.1,87,485/- from the petitioners together with interest from 30.9.2004. The award passed by the Tribunal is an ex-parte award. After the award, the claimant died and his wife, the third respondent herein, filed execution petition. In order to initiate recovery proceedings under the provisions of Revenue Recovery Act, the third respondent filed I.A.No.4518 of 2016 in O.P.(M.V.)No.845 of 2004. On receipt of notice in that interlocutory application, the petitioners entered appearance before the Tribunal. Pursuant to the order passed by the Tribunal, the first respondent District Collector initiated recovery proceedings through the second respondent Deputy Tahsildar, which has resulted in the issuance of Exhibit-P1 demand notice dated 30.5.2018, whereby the petitioners have been asked to deposit a sum of Rs.3,79,219/- together with interest as specified in that demand notice. Now the petitioners are before this Court in this Writ Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exhibit-P1 demand notice.

(2.) Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for respondents 1 and 2.

(3.) The recovery proceedings initiated against the petitioners, based on Exhibit-P1 demand notice issued by the second respondent Deputy Tahsildar, is one in terms of the award passed by the Motor Accidents Claims Tribunal in O.P.(M.V.) No.845 of 2004, a claim petition filed by the husband of the third respondent, who sustained injuries in a motor accident, which occurred in the year 2004, involving a jeep bearing registration No.KL-11B/2741 owned by the first petitioner and driven by the second petitioner. In the absence of any challenge made by the petitioners, the award passed by the Tribunal dated 30.9.2004 in O.P. (M.V.) No.845 of 2004 has attained finality. Therefore, the challenge made in this Writ Petition against Exhibit-P1 demand notice, which is the only relief sought for, fails.