Discussed withdrawal of deposited compensation amount in a motor accident claim where the petitioner, a disabled claimant, sought funds for constructing a residential building against the Tribunal's refusal due to lack of stated urgency.
Interim Application was allowed; the order refusing withdrawal of deposited amount was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
TUESDAY, THE 4TH DAY OF DECEMBER 2012/13TH AGRAHAYANA 1934
OP (MACT).No. 4136 of 2012 (O)
I.A.NO.2529/2012 IN OPMV.NO.309/2009 of M.A.C.T.,KOZHIKODE
PETITIONER:
ABDUL JALEEL, AGED 27 YEARS S/O.ABDUL KHADAR MUSLIAR, KANDANKUNNUMMAL HOUSE THAMARASSERY AMSOM DESOM, KOZHIKODE TALUK
BY ADV. SRI.K.MUHAMMED SALAHUDHEEN
RESPONDENTS:
R 2 BY STANDING COUNSEL SRI GEORGE CHERIAN THIRUVLLA
THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 04-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(MAC).NO.4136/2012
APPENDIX
PETITIONER'S EXTS:
EXT.P1 TRUE COPY OF THE AWARD PASSED BY THE PRL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE DATED 30/11/2010 IN OP(MV).NO.309/2009.
EXT.P2 TRUE COPY OF THE I.A.NO.2529/2012 IN OP(MV).NO.309/2009 DATED 22/5/2012 ON THE FILE OF THE PRL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.
EXT.P3 TRUE COPY OF THE ORDER IN I.A.2529/2012 IN OP(MV). NO.309/2009 DATED 7/7/2012.
RESPONDENTS' EXTS: NIL.
TRUE COPY
P.S.TO JUDGE
HARUN-UL-RASHID,J.
O.P.(MAC).NO. 4136 OF 2012
DATED THIS THE 4TH DAY OF DECEMBER, 2012
JUDGMENT
Heard the learned counsel for the petitioner and the Learned
Standing Counsel for the 2nd respondent. Notice to the lst respondent is dispensed with.
order passed in I.A.No.2529/2012 in O.P.(MV).No.309/2009 on the file of the Motor Accidents Claims Tribunal, Kozhikode and to allow the I.A. directing release of the entire amount in deposit to the petitioner.
to be deposited in a Nationalised Bank for a period of one year and the balance amount for a period of two years. Petitioner submits that he is
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O.P.(MAC).No.4136/2012
totally disabled due to the accident and he is unable to do any work. It is also submitted that he had no residential building of his own and hence he had decided to construct a residential building. It is also pointed out that he is now residing in a rented building. It is submitted that he has no sufficient income to spend for the construction of the residential building and therefore he filed I.A.No.2529/2012 before the Motor Accidents Claims Tribunal, Kozhikode seeking permission to withdraw the amount in deposit. The Tribunal noticed the fact that the first deposit has attained maturity. The request for withdrawal of the balance amount was not allowed stating that there is no urgency to allow the premature closure of the deposit.
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O.P.(MAC).No.4136/2012
deposit can be allowed. Accordingly, I.A.No.2529/2012 is
allowed. Ext.P3 order is set aside.
Original Petition is disposed of as above.
HARUN-UL-RASHID, JUDGE.
kcv.
1 issue framed by the court
Whether the interim order passed by the Motor Accidents Claims Tribunal refusing withdrawal of the deposited amount should be set aside to enable the petitioner to construct a residential building giv
Abdul Jaleel
Ummar
Oriental Insurance Company Ltd
Harun-Ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
