Writ petition challenging the Motor Accidents Claims Tribunal order dismissing an application for premature closure of a Fixed Deposit holding compensation. The Court dismissed the petition, holding the petitioner's reasons (loan repayment, car purchase) were not sufficient.
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.SURENDRA MOHAN
MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
OP (MAC).No. 78 of 2014 (O)
PETITIONER :-
RAJU SEBASTIAN, AGED 53 YEARS S/O. DEVASSYA, VETTIKKAVUNGAL HOUSE, KODANCHERI POST KOZHIKODE DISTRICT.
BY ADV. SMT.CELINE JOSEPH
RESPONDENT :-
STATE OF KERALA REP. BY CHIEF SECRETARY, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR
THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 16-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP (MAC).No. 78 of 2014 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :-
EXHIBIT P1- TRUE COPY OF THE AWARD DATED 7-5-2013 IN OP(MV) NO. 1756/2010 OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL, KOZHIKODE.
EXHIBIT P2- TRUE COPY OF THE STATEMENT OF TRANSACTION DATED 3-2-2014 ISSUED FROM SUNDARAM FINANCE LIMITED.
EXHIBIT P3- TRUE COPY OF THE CERTIFICATE DATED 3-2-14 SHOWING THE AMOUNT DUE TO THE H.D.F.C. BANK, KOZHIKODE.
EXHIBIT P4- TRUE COPY OF THE CERTIFICATE DATED 3-2-2014 ISSUED FROM KODANCHERY SERVICE CO-OPEARTIVE BANK.
EXHIBIT P5- TRUE COPY OF THE PETITION AND AFFIDAVIT FILED BEFORE THE M.A.C.T KOZHIKODE.
EXHIBIT P6- TRUE COPY OF THE ORDER DATED 18-3-2014 IN I.A.NO. 944/2014 IN O.P.(MV)NO. 1756/2010 OF THE M.A.C.T, KOZHIKODE.
RESPONDENT(S)' EXHIBITS :- NIL
//TRUE COPY//
P.A. TO JUDGE
K. SURENDRA MOHAN, J.
O.P.(MAC) No.78 of 2014
Dated this the 16th day of June 2014
J U D G M E N T
The petitioner has filed this writ petition challenging Ext.P6 order of the Motor Accidents Claims Tribunal, Kozhikode dismissing an application submitted by the petitioner seeking premature closure of the Fixed Deposit in which a portion of the compensation granted to him as per the Award in O.P.(MV) No.1756/2010 is deposited. The reasons stated for seeking release of the amount is that he has to re-pay certain loans that he has availed from M/s.Sundaram Finance Ltd. as well as from HDFC. Exts.P2 and P3 are relied upon in support of the above contention.
O.P.(MAC) No.78 of 2014
-: 2 :-
the date of passing of the Award. Therefore, the request of the petitioner has been disallowed.
For the above reasons, I do not find any grounds to set aside Ext.P6 order or to grant an order for releasing the amount. This Writ Petition fails and is accordingly dismissed.
Sd/K. SURENDRA MOHAN, JUDGE.
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1 issue framed by the court
Whether the High Court is satisfied that there is a justifiable necessity for the premature release of compensation amount deposited in a Fixed Deposit.
Raju Sebastian
State of Kerala
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
