Writ petition allowed to set aside an order of the Motor Accidents Claims Tribunal, Ottappalam, for failing to consider a bank loan certificate before rejecting the petitioner's application for release of fixed deposit compensation.
Set aside the impugned order; direct the MACT to consider the application and documents and pass fresh orders.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 10TH DAY OF AUGUST 2012/19TH SRAVANA 1934
OP (MACT).No. 2616 of 2012 (O) -----------------------------IA.NO.1819/2012 IN OPMV.1321/2007 of M.A.C.T OTTAPPALAM PETITIONER: ----------CHANDRAN, AGED 55 YEARS, S/o.PONNAYYAN, KAKKADATHUPARAMBIL HOUSE, PERUMUDIYOOR, PATTAMBI (MENTALLY DISORIENTED) REPRESENTED BY HIS BROTHER-IN-LAW AND NEXT FRIEND K.P.UNNIKRISHNAN, AGED 53 YEARS, S/O.SUBRAMANIAN, KAKKADATHUPARAMBIL HOUSE, PERUMUDIYOOR, PATTAMBI POST, OTTAPALAM TALUK. BY ADVS.SMT.T.D.RAJALAKSHMI SRI.R.SREEHARI RESPONDENT:
THE ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE, PRANAVAM BUILDING, MELE PATTAMBI, PATTAMBI POST, OTTAPPALAM TALUK, PIN : 679 303.
BY ADVOCATE GEORGE CHERIAN THIRUVALLA, SC
THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 10-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (MACT).No. 2616 of 2012 (O)
A P P E N D I X
PETITIONER'S EXHIBITS
EXT.P1: PHOTOCOPY OF AWARD PASSED IN O.P(MV) NO.1321/2007 DT.8.7.2011 OF MACT, OTTAPPALAM.
EXT.P2: PHOTOCOPY OF CERTIFICATE DT.19.01.2012 ISSUED BY THE MANAGER, THE PATTAMBI SERVICE CO-OP. BANK LTD.
EXT.P3: PHOTOCOPY OF AFFIDAVIT AND APPLICATION IA.1819/2012 IN O.P(MV) NO.1321/07 BEFORE THE MACT, OTTAPPALAM AND THE ORDER PASSED ON 2.7.2012.
EXT.P4: TRUE TYPED COPY OF THE ORDER PASSED IN IA.1819/2012 IN OP(MV) NO.1321/2007 OF MACT, OTTAPPALAM DT.2.7.2012.
/TRUE COPY/
P.A TO JUDGE
K.SURENDRA MOHAN, J.
O.P(MAC) No.2616 of 2012-O
---------------------------------------------------Dated this the 10th day of August, 2012
J U D G M E N T
The complaint of the petitioner herein is that the Motor Accidents Claims Tribunal (`M.A.C.T' for short), Ottappalam, while issuing Ext.P4, has not considered Ext.P2 produced by the petitioner along with I.A.No.1819 of 2012.
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O.P(MAC) No.2616 of 2012-O
indebted to the bank. He complains that without even referring to or considering Ext.P2, his petition has been rejected as per Ext.P4 order.
This Writ Petition is accordingly allowed. The impugned order Ext.P4 is set aside. There shall be a direction to the M.A.C.T, Ottappalam, to consider I.A.No.1819 of 2012 in O.P (MV) No.1321 of 2007 in accordance with law and to pass fresh orders thereon, after considering the documents produced by the petitioner and considering his contentions.
(K.SURENDRA MOHAN, JUDGE)
rtr/
1 issue framed by the court
Whether an impugned order of the MACT is liable to be set aside when it fails to consider a certificate produced by the petitioner regarding a bank loan.
Chandran
The Oriental Insurance Company Ltd.
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
