Allowed

Shali v. Reliance General Insurance Co.Ltd.

Kerala HC13 Jan 2016OP (MAC)/162/2015

Case brief

AI extract

What is this about?

The High Court directed the release of the balance compensation amount (₹2,03,692) deposited by the Motor Accidents Claims Tribunal to the petitioner for property purchase, subject to conditions requiring approval of a draft sale deed and direct release to the assignors.

What did the court decide?

Release of the balance amount of ₹2,03,692 to the petitioner directly to the assignors in the sale deed, subject to producing a Tribunal-approved draft sale deed.

Shali Vs Reliance General Insurance Co.Ltd. — Kerala HC (2016) — LawSathi Research

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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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WEDNESDAY, THE 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937

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OP (MAC).No. 162 of 2015 (O)

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(AGAINST ORDER DATED 6.11.2015 IN I.A.NO.3887/2015 IN O.P(MV) 291/2011 DATED 22.09.2015 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR)

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PETITIONER(S):

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SHALI AGED 24 YEARS S/O.HAMZA, PUTHU PARAMBIL HOUSE, P.O.THAVANOOR PONNANI TALUK, MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.P.SUDHEER

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SRI.ARUN MATHEW VADAKKAN

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RESPONDENT(S):

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RELIANCE GENERAL INSURANCE CO.LTD. 2ND FLOOR, GLOBAL PLAZA, OPP.NEW RLY.PLAT FORM VANCHIKULAM ROAD, P.O.POOTHOLE, THRISSUR -680004.

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R BY SMT.K.S.SANTHI

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 13-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 162 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS ------------------------------------EXT.P-1: TRUE COPY OF THE AWARD DATED 6.11.2012 IN OP(MV) NO.291/2011 PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. EXT.P-2: TRUE COPY OF IA NO.3887/2015 IN OP(MV) NO.291/2011 DATED 22.9.2015 FILED BY THE PETITIONER BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. EXT.P-3: TRUE COPY OF AGREEMENT DATED 19.9.2015 ENTERED INTO BETWEEN THE PETITIONER AND ONE MOHAMMEDALI AND HIS WIFE NOORJAHAN EXT.P-4: TRUE COPY OF ORDER DATED 6.11.2015 IN IA NO.3887/2015 IN OP (MV) NO.291/2011 PASSED BY MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR.

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RESPONDENT(S)' EXHIBITS --------------------------------------NIL

TRUE COPY

SKS

P.A TO JUDGE

V.CHITAMBARESH, J.

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O.P(MAC)NO.162 OF 2015

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--------------------------------------Dated this the 13^th day of January, 2016

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JUDGMENT

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Heard the counsel for the petitioner and the Standing Counsel for the respondent.

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The petitioner seeks release of his share of the compensation amount in deposit. The share of the petitioner allegedly comes to 3,53,692/- (Rupees Three lakhs fifty₹ three thousand six hundred and ninety two only) out of which the Tribunal has directed the release of 1,50,000/-₹ (Rupees One lakh fifty thousand only). The petitioner wants the balance of the amount also for the purpose of purchasing a property.

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The respondent points out that Ext.P3 agreement for sale does not instil confidence. Of course the amount can be released if really the petitioner is applying the same for the purchase of property. Interest of justice would be met

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O.P(MAC)NO.162 OF 2015

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by directing the balance amount also to be released to the petitioner.

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The balance amount (₹3,53,692 - 1,50,000₹

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= 2,03,692) shall be released to the petitioner subject to₹ the following conditions:

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(i) The petitioner shall produce a draft sale deed before the Tribunal as early as possible.

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(ii) The draft being approved by the Tribunal can be followed up by the original sale deed.

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(iii) The balance amount in deposit shall be released directly to the assignors mentioned in the sale deed.

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Ext.P4 order of the Motor Accidents Claims

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Tribunal is modified accordingly.

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The writ petition is disposed of as above.

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V.CHITAMBARESH, JUDGE

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sks

Shali v. Reliance General Insurance Co.Ltd.

Case brief

What is this about?

What did the court decide?

Shali v. Reliance General Insurance Co.Ltd.

Case brief

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