Allowed

Jeswin.P.Joseph v. Jerome Thomas

Kerala HC15 Feb 2016OP (MAC)/17/2016

Case brief

AI extract

What is this about?

The Court ordered the insurer to release the balance of the motor accident award deposited in a sub-judicial court to the petitioner to comply with an interim order preventing property attachment under the SARFAESI Act, bypassing the need for a fresh motion from the petitioner.

What did the court decide?

The insurer was ordered to release the balance amount of the Motor Accident claim deposited with the Chief Judicial Magistrate within a reasonable time to enable the petitioner to comply with an inter

Jeswin.P.Joseph Vs Jerome Thomas — Motor Accident Claims | Kerala HC (2016)

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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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MONDAY, THE 15TH DAY OF FEBRUARY 2016/26TH MAGHA, 1937

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OP (MAC).No. 17 of 2016

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OPMV 1442/2012 of ADDL. DISTRICT & SESSIONS COURT - IV & ADDL. MOTOR ACCIDENTS CLAIMS TRIBUNAL, PATHANAMTHITTA

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PETITIONER:

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JESWIN.P.JOSEPH, AGED 25 YEARS S/O.P.P.JOSEH, PANACHIKKAL HOUSE THAZHATHUVADAKARA POST, KOTTAYAM-686 541 REPRESENTED BY POWER OF ATTORNEY HOLDER P.P.JOSEPH AGED 62 YEARS, S/O.LATE PANOOSE, PANACHIKKAL HOUSE THAZHATHUVADAKARA POST, KOTTAYAM-686 B541.

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BY ADV. SRI.T.M.ABDUL LATHEEF

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RESPONDENTS:

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1. JEROME THOMAS S/O.P.T.THOMAS, PADAVUPRACKAL, EDATHUVA POST ALAPPUZHA DISTRICT-689 573

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2. MANAGER,

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THE NEW INDI ASSURANCE COMPANY LTD., KAYAMKULAM BRANCH MEDAYIL COMPLEX, OLD QUILON, ALAPPUZHA ROAD KAYAMKULAM-688 001

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BY SRI.A.A.ZIYAD RAHMAN, SC.

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THIS OP (MAC) HAVING COME UP FOR ADMISSION ON 15-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP (MAC).No. 17 of 2016

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE AWARD DATED 14.11.2014 PASSED BY THE ADDITIONAL MOTOR ACCIDENTS CLAIMS TRIBUNAL,PATHANAMTHITTA IN OP(MV)NO.1442/2012.

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EXT.P2: TRUE COPY OF THE ORDER DATED 19.01.2016 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT,THODUPUZHA IN M.C.NO.13/2016

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EXT.P3: TRUE COPY OF THE ORDER DATED 02.02.2016 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN IA.NO.119/2016 IN WA.NO.211/2016.

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RESPONDENT(S) EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE.

DCS

V. CHITAMBARESH, J

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O.P.(MAC). No. 17 OF 2016

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Dated this the 15^th day of February, 2016

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JUDGMENT

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Ext. P3 interim order in W.A. No. 211/2016 directs the petitioner to deposit a sum of Rs. 2,50,000/- within one month from 02.02.2016. This is to prevent the residential property of the petitioner being taken possession of by the Co-operative Bank under the SARFAESI Act. The petitioner has no other go but to fall back on Ext. P1 award of the Motor Accidents Claims Tribunal, Pathanamthitta. The petitioner has been awarded a sum of Rs. 3,39,700/- with interest thereunder out of which Rs. 1,00,000/- was permitted to be withdrawn.

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It is open to the petitioner to move the Motor Accidents Claims Tribunal for release of the balance amount deposited by the insurer. The amount shall be released on the petitioner making a motion after ensuring that it will be deposited in the Co-operative Bank. The amount released is meant to comply with Ext.P3 interim order only.

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O.P.(MAC). No. 17 OF 2016 2

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The amount shall be ordered to be released

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sufficiently early in time. This is to facilitate the petitioner to comply with Ext.P3 interim order. No notice need to be issued to the first respondent insured in the circumstances. I also heard the Standing Counsel for the second respondent insurer.

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The original petition is disposed of.

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V. CHITAMBARESH JUDGE

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DCS

Jeswin.P.Joseph v. Jerome Thomas

Case brief

What is this about?

What did the court decide?

Jeswin.P.Joseph v. Jerome Thomas

Case brief

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What did the court decide?

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