Dismissed

Bobby Francis v. P.a.Mukundan

Kerala HC5 Nov 2013MACA/1978/2009

Case brief

AI extract

What is this about?

The High Court dismissed the motor accident claims appeal as withdrawn after the appellant deposited the awarded amount. The court refused to issue a direction for refund of the deposit immediately, stating the Tribunal must first ensure full disbursal of the award to the claimant before ordering any refund.

What did the court decide?

Appeal dismissed as withdrawn. Direction for refund of deposit denied pending full disbursal of award to claimant.

Bobby Francis Vs P.a.Mukundan — Insurance | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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TUESDAY, THE 5TH DAY OF NOVEMBER 2013/14TH KARTHIKA, 1935

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MACA.No. 1978 of 2009

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(AGAINST THE ORDER DATED 07/07/2008 IN MV(OP)NO.3227/02 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THRISSUR)

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APPELLANT(S)/RESPONDENT NO.4:

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BOBBY FRANCIS, AGED 38, S/O.FRANCIS, THEKKEKARA HOUSE, P.O.CHOONDAL, THRISSUR.

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BY ADV. SMT.PREETHI K.PURUSHOTHAMAN

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RESPONDENT(S)/PETITIONER & RESPONDENTS 1 TO 3 & 5:

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1. P.A.MUKUNDAN, S/O.APPUKUTTAN VAIDYAR, PELEKKAT PAYYOOR HOUSE, P.O.KOONAMMOCHI-680 504, THRISSUR DISTRICT.

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2. K.GANGADHARAN, S/O.KRISHNANKUTTY KAIMAL, KOZHIPARAMBIL HOUSE, P.O.NEDUPUZHA, PANAMUKKU, THRISSUR DISTRICT.

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3. DAVIS, S/O.PORICHUKUTTY, CHITTILAPPILLY HOUSE, KALANGATTUKARA, CHALISSERY, THRISSUR DISTRICT.

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4. THE UNITED INDIA INSURANCE CO. LTD., PARK HOUSE, ROUND NORTH, THRISSUR.

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5. THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, AMBIKA ARCADE, M.G.ROAD,THRISSUR.

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R1 BY ADVS. SRI.C.HARIKUMAR SMT.MOLLY KOSHY R3 BY ADV. SMT.P.A.REZIYA R5 BY ADV. SRI.LAL GEORGE

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THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Kss

MACA.NO.1978/09

APPENDIX

APPELLANT'S ANNEXURES:

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ANNEX.A1: COPY OF THE ORDER DTD. 10/10/2006 IN CC.NO.1092/02. ANNEX.A2(a) COPY OF DEPOSITIONS IN CC.1092/02 DTD. 26/06/06 BY 1ST RESPONDENT HEREIN/PETITIONER IN O.P.(MV).

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ANNEX.A2(b) COPY OF DEPOSITIONS IN CC.1092/02 DTD. 26/06/06 BY 4TH RESPONDENT HEREIN/2ND PETITIONER IN O.P.(MV).

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RESPONDENT'S ANNEXURES: N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

S.SIRI JAGAN & K.RAMAKRISHNAN, JJ.

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==================

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M.A.C.A.No. 1978 of 2009

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==================

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Dated this the 5^th day of November, 2013

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J U D G M E N T

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S.Siri Jagan, J.:

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The learned counsel for the appellant submits that since the appellant has already deposited the award amount, the appellant does not wish to prosecute the appeal further. Accordingly, the appeal is dismissed as withdrawn.

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The appellant seeks a direction to the Tribunal to refund the amount deposited as per the statutory condition for maintaining this appeal. The Tribunal shall, after satisfying itself that the entire amount due as per the award has been disbursed to the claimant, refund the amount deposited under Section 173 of the Motor Vehicles Act.

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Sd/S.SIRI JAGAN, JUDGE

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Sd/-

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sdk+ K.RAMAKRISHNAN, JUDGE

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///True copy///

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P.A. to Judge

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: 2 :-

Bobby Francis v. P.a.Mukundan

Case brief

What is this about?

What did the court decide?

Bobby Francis v. P.a.Mukundan

Case brief

What is this about?

What did the court decide?

What the court decided

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