Disposed

Kaderkutty C @ Abdulkadher v. United India Insurance Company

Kerala HC17 Jan 2013OP (MAC)/224/2013

Case brief

AI extract

What is this about?

Petition for early consideration of an interim application seeking release of funds deposited by the respondent insurance company against the petitioner to meet coercive realization proceedings by his bank.

What did the court decide?

Directed the Motor Accidents Claims Tribunal, Thalassery to consider the petitioner's interlocutory application for release of deposited amount within one month.

Kaderkutty C @ Abdulkadher Vs United India Insurance… — Execution and Attachment | 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 V.CHITAMBARESH

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THURSDAY, THE 17TH DAY OF JANUARY 2013/27TH POUSHA 1934

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OP (MACT).No. 224 of 2013 (O)

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AGAINST THE ORDER/JUDGMENT IN OPMV.775/2006

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PETITIONER(S):

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KADERKUTTY C @ ABDULKADHER, AGED 60 YEARS S/O.KUNHIMAYAN, A.K. HOUSE, PARAPRAM PINARAYI AMSOM P.O, PARAPRAM THALASSERY TALUK, KANNUR DISTRICT

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BY ADVS.SRI.C.P.PEETHAMBARAN

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SMT.MINI.V.A.

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RESPONDENT(S):

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UNITED INDIA INSURANCE COMPANY LTD. REPRESENTED BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, KANNUR PIN 670 001

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R BY SRI.JOHN K.JOSEPH(SAJAN)

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THIS OP (MACT) HAVING COME UP FOR ADMISSION ON 17-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX IN OP (MAC) No.224 of 2013

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PETITIONER'S EXTS:

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EXT.P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 15.3.2012 ISSUED BY THE PARIYARAM MEDICAL COLLEGE HOSPITAL, KANNUR TO THE PETITIONER.

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EXT.P2 TRUE COPIES OF THE NOTICES ISSUED BY PINARAI SERVICE CO-OPERATIVE BANK TO THE PETITIONER AND HIS WIFE.

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EXT.P3 TRUE COPY OF THE LIST OF DOCUMENTS PRODUCED BY THE PETITIONER BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL THALASSERY.

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EXT.P4 TRUE COPY OF I.A.NO.6425/2012 IN OP (MV) NO.775/2006 FILED BY THE PETITIONER AND HIS WIFE BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY.

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//TRUE COPY//

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P.S. TO JUDGE.

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V.CHITAMBARESH, J.

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O.P (MAC) No. 224 of 2013

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Dated this the 17^th day of January, 2013

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J U D G M E N T

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Heard the counsel for the petitioner and the standing counsel for the respondent.

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The only prayer urged at the time of hearing is for

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early consideration of an interlocutory application filed to release the amount deposited in discharge of liability under an Award in a motor accidents claim. The Motor Accidents Claims Tribunal had awarded a sum of 2,47,500/- with interest thereon as compensation on account of the death of the son of the petitioner in a motor accident. The petitioner contends that he is suffering from cardiac ailments and that coercive steps have been initiated by the Pinarayi Service Co-operative Bank Ltd. for realisation of amounts due. The petitioner seeks release of a sum of 1,19,895/- out of the total amount deposited by the insurance company pursuant to the award of the Motor Accidents Claims Tribunal.

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I direct the Motor Accidents Claims Tribunal, Thalassery to consider I.A.No.6425/2012 filed by the petitioner for

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O.P. (MAC) No.224/2013

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release of the amount in deposit in O.P (MV) No.775/2006. Orders shall be passed on the interlocutory application within a period of

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one month from the date of receipt of a copy of this judgment.

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The Original Petition is disposed of as above.

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V.CHITAMBARESH, Judge.

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nj.

Kaderkutty C @ Abdulkadher v. United India Insurance Company

Case brief

What is this about?

What did the court decide?

Kaderkutty C @ Abdulkadher v. United India Insurance Company

Case brief

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