Habeas Corpus petition regarding disputed computation of balance amount in execution proceedings was filed wherein court held that petitioner can take fresh proceedings and dismissed original petition leaving liberties available.
Petitioner to take fresh proceedings before the Execution Court; original petition dismissed with liberty; no costs.
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 K.VINOD CHANDRAN
FRIDAY, THE 4TH DAY OF APRIL 2014/14TH CHAITHRA, 1936
OP (MAC).No. 43 of 2014 (O)
E.P.NO.41/2008 IN O.P.(MV).NO.1296/1993 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI
PETITIONER :
PANANGADAN ABDUL MUNEER, S/O.ABOOBACKER, VADAKKU MURI, IRUMBUZHI AMSOM, IRUMBUZHI DESOM, POST IRUMBUZHI, MALAPPURAM DISTRICT.
BY ADV. SRI.P.M.RAFIQ
RESPONDENT :
THE MANAGER, ORIENTAL INSURANCE COMPANY, TIRUR P.O, THAZHEPPALAM, TIRUR AMSOM, TIRUR DESOM, MALAPPURAM DISTRICT- 676 101
BY SMT.K.S.SANTHI
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 04-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP (MAC).No. 43 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1 | TRUE COPY OF THE AWARD IN O.P(MV) NO.1296/1993 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI DATED 14-07-1999 |
|---|---|
| EXHIBIT P2 | TRUE COPY OF STATEMENT OF ACCOUNT FILED BY PETITIONER BEFORE THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, MANJERI |
| EXHIBIT P3 | TRUE COPY OF THE CALCULATION SHEET DATED 31-01-2012 SUBMITTED BY RESPONDENT |
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
K. VINOD CHANDRAN, J.
=====================
O.P.(M.A.C) No. 43 of 2014
====================== Dated this the 4th day of April, 2014
J U D G M E N T
The petitioner's contention is that by Ext.P5 the execution petition has been dismissed without the entire amounts being satisfied. The learned counsel for the petitioner submits that in fact the earlier order of the Execution Court being Ext.P4, computed the balance amount due at Rs.2,104/- + 12% interest, whereas the petitioner had a dispute regarding such computation and had a claim for far higher amounts. However, the same could not be agitated due to dismissal of the E.P is the contention.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB
Panangadan Abdul Muneer
The Manager, Oriental Insurance Company
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
